Metro Manila (CNN Philippines, December 23) — After Manila Electric Co. (Meralco), the Energy Regulatory Commission (ERC) followed suit in asking the Court of Appeals (CA) to reject the temporary restraining order on a power agreement sought by a unit of San Miguel Corp. (SMC).
A day after Meralco released a statement objecting to the San Miguel Energy Corporation’s (SMEC) application for an injunction, the ERC also bared on Friday its opposition to the latter’s request.
READ: Meralco asks court to reject TRO plea on power deal
SMC units South Premiere Power Corporation (SPPC) and SMEC had sought a stay order the regulator’s decision dismissing the rate hike petition filed by SMC and Meralco. The CA earlier granted SPPC’s request, which also led to the suspension of its supply deal with Meralco.
Through the Office of the Solicitor General (OSG), the ERC filed a 34-page opposition before the 17th Division of the CA on Wednesday.
The OSG said the “17th Division of the CA, has no jurisdiction to issue a TRO since under the law only the Supreme Court can restrain the implementation of the Electric Power Industry Reform Act of 2001 or the EPIRA.”
It also said the ERC asserted its consumer protection mandate when it rejected the rate increase petition.
“A grant of TRO or suspension of the implementation of the PSA (power supply agreement) will effectively allow SMEC to obtain its ultimate prayer, that is, to be relieved of its obligation to supply under the contract,” ERC said.
