Rody urged to appoint acting ERC execs
Sen. Sherwin Gatchalian urged President Duterte yesterday to appoint acting commissioners at the Energy Regulatory Commission (ERC) to replace those suspended for a year over the alleged preferential treatment given to 38 power companies.
Chairman of the Senate committee on energy, Gatchalian said the acting commissioners should serve during the period of suspension of four ERC officials who were accused of not implementing the Competitive Selection Process (CSP), which unduly favored some electric utilities.
“The vacuum of leadership in ERC could result in a standstill in operations of the collegial body. This will in turn have an effect on our future power supply, resulting in the possibility of blackouts. In this light, I’m urging Malacañang to appoint acting commissioners to perform the duties of the suspended commissioners as soon as possible,” the lawmaker stressed.
The ERC is the electric power industry regulator composed of four commissioners and one chairperson. Chairperson Agnes Devanadera was appointed only this November and will serve the unexpired term of Jose Vicente Salazar until July 2022.
But as a collegial body, it requires the presence of three members to issue orders, decisions and resolutions.
In this situation, the senator said, the absence of four of its members leaves the body “powerless in making decisions critical to the energy sector.”
He said according to Executive Order 292 or the Administrative Code of 1987, the President has the power to temporarily designate a competent person or any official currently in active government service to perform the functions of an official working in the executive branch who is unable to perform his duties.
In which case, the President’s temporary designation should not exceed a period of one year.
He also cited that the Supreme Court in a 2011 case, General v. Urro, ruled that the President has the power to make acting or temporary appointments as long as he is not prohibited by the Constitution or by the law in order to prevent a hiatus in the discharge of official functions.
“We want to ensure that ERC would continue its service despite the suspension ordered on most of its commissioners. At present, the total value of all pending applications for ERC approval is 1.5-trillion pesos,” Gatchalian said.
On Dec. 11, the Office of the Ombudsman held Commissioners Gloria Victoria Yap-Taruc, Alfredo Non, Josefina Patricia Magpala-Asirit and Geronimo Sta. Ana administratively liable for “conduct prejudicial to the best interest of service, aggravated by simple misconduct and simple neglect of duty.”
The case stemmed from a complaint filed by members of Alyansa Para sa Bagong Pilipinas in November 2016 that questioned the deferment of CSPs in early 2016, and for granting seven Power Supply Agreements to 38 firms, despite the period of suspension of the selection process.
The four commissioners shall serve the suspension of one year without pay.