ERC-Meralco-llusions?
| DIE HARD III |
 |
| Herman Tiu Laurel |
While the country was in suspense over the turnout of the much-awaited public transport strike in the morning of Monday, Sept. 19, a dozen power consumer-crusaders trooped to the Energy Regulatory Commission (ERC) to oppose the latest Manila Electric Co. (Meralco) petition for its Maximum Average Price (MAP) of P1.5828/kWh for the Regulatory Year 2012.
The opposition is based on several issues: 1) the findings of Mang Naro Lualhati, our 90-year-old champion who helped us win the P30.5-billion Meralco refund in 2003, that the MAP should only be P0.9039 per kWh due to P46 billion in excess capital expenditure claimed by Meralco; 2) power distributor-owner Mr. Uriel Borja’s charges of massive overpricing in Meralco’s Rate Asset Base (RAB), such as the 500-percent overprice in its transformers, the 3,000-percent overprice in its electric poles, etc.; and 3) the prior cases yet unresolved by the ERC that are prejudicial to that MAP hearing.
Dutifully, the “intervenors” (an ERC term for accredited interested parties), led by Mang Naro, Borja, and Nasecore (National Association of Electricity Consumers for Reforms), arrived at the ERC hearing room on the 15th floor of the Pacific Center Bldg., San Miguel Ave., Ortigas Center at 9 a.m. I was even there earlier at 7:30 a.m. to ensure a warm welcome for citizen-volunteers whom we appealed to join. This has become necessary since the last decision of the Supreme Court (SC), penned by PeNoy-appointed Justice Maria Lourdes Sereno, blamed consumers for lacking the vigilance to protect their rights in denying the opposition to Meralco’s P0.29 per kWh rate increase.
Quite a handful responded to my constant appeal over radio. Cesar, a daily wage earner, came; followed by tricycle driver Oyet; and then, Richard, a college student who helps us upload materials to our blog. Ruth, a businesswoman, arrived after getting past the morning traffic; and then we saw our ever reliable civil servant, Ferdie. Much later, we were joined by Joy, a social worker, as well as Poem Gratela, the founder of Migrante.
Mang Naro, Borja and Pete Ilagan of Nasecore, along with their counsel, were already at the hearing room; and as soon as the clock struck nine, strangely, only half the hearing room was lit and the row of benches Meralco lawyers would normally fill were empty.
In a few minutes, we understood why. An ERC lady lawyer walked into the room explaining that the hearing would be held at 2 p.m. But we were sure the ERC had posted 9 a.m. on its Web site, a fact we verified again and again over three weeks. I checked the ERC’s official Web site again that very morning before I sent out my text reminders. It was clear that the hearing was scheduled at 9 a.m. Borja, who had to fly from Mindanao, also checked the ERC schedules without fail.
And while the ERC kept insisting it was always 2 p.m., pointing to its August order, it is undeniable that the change of schedule to 9 a.m. was also officially posted online since three weeks ago.
To make sure I had the evidence, I opened my laptop to take a picture or screen capture of the Web announcement; but lo and behold, it had been changed just that morning while we were waiting at the hearing room. Fortunately, one of the oppositors checked the ERC bulletin board just outside the hearing room; and there we found the evidence that incontrovertibly proves 9 a.m. as the official hearing schedule!
We showed that to the ERC lawyers and demanded a certified true copy of the document. We had to post a guard at the bulletin board for four hours before the agency issued a certified true copy and we allowed it to be taken down. After a brief huddle, the group’s lawyer drafted a motion stating our demand for Meralco to be declared in default and for the cancellation of the 2 p.m. hearing, which all of the oppositors signed and was duly received by the ERC.
The group then mulled its options: In making such a motion, would we be stopped from attending that afternoon hearing, which we were certain ERC would hold despite our protest? If we boycotted that hearing, could they declare us in default as what had happened in the previous controversial ERC and SC decision, where the public lost and Meralco won its unjustified P0.29 per kWh increase?
I called lawyers Bono Adaza and Alan Paguia for advice, and both suggested that we attend the 2 p.m. hearing to demand the dismissal of the Meralco petition for being in default and to declare the afternoon hearing as unacceptable.
But as we decided to push ahead, it also presented a few problems: Everyone had already scheduled other things. Besides, the enervation was really sapping our energies. Mang Naro felt he wanted to go home; so did the others. But it was also too much trouble getting back and forth the very bad traffic in that area.
So we decided to stay on and got some burgers and bottled water for a “camp in” at the hearing room. Borja volunteered to treat everyone and we stayed on. Most of us even took a noontime nap at the hearing room. That was until 2 p.m. when a dozen de-amerikana male and female lawyers of Meralco marched in (were they tipped off not to come at 9 a.m.?), along with an ERC hearing officer (my, those ERC commissioners are never around).
We managed to harangue the said officer to limit the hearing’s function to receiving the documents of Meralco and postponing deliberations on its merits until our demands were officially heard in a subsequent hearing. For sure, it was only a half victory for the day. We will bring the incident to court along with several other cases we are preparing. And so the struggle continues…
(Tune in to Sulo ng Pilipino/Radyo OpinYon, Monday to Friday, 5 to 6 p.m. on 1098AM; Talk News TV with HTL, Saturday, 8:15 to 9 p.m., with replay at 11 p.m., on GNN, Destiny Cable Channel 8 on “ERC-Meralco-llusions?”; visit http://newkatipunero.blogspot.com for our articles plus TV and radio archives)
(Reprinted with permission from Mr. Herman Tiu-Laurel)
Source: The Daily Tribune
URL: http://www.tribuneonline.org/commentary/20110923com5.html
2 comments:
ITO ang isang ebidensyang nasa ZOMBIE state na ang mga pilipino. at gustong gusto ng dilaw/oligarkiya iyan dahil sipsip sila ng sipsip ng dugo eh halos walang palag.
konting.konti lang nag nagbantay sa sukdulang panggugulang at pagnanakaw ng meralco, kabilang sina ka mentong laurel at mang naro, pero ok lang sa iba ang magnakaw at pumatay sa kalye.
"This has become necessary since the last decision of the Supreme Court (SC), penned by PeNoy-appointed Justice Maria Lourdes Sereno, blamed consumers for lacking the vigilance to protect their rights in denying the opposition to Meralco’s P0.29 per kWh rate increase.
"Quite a handful responded to my constant appeal over radio. Cesar, a daily wage earner, came; followed by tricycle driver Oyet; and then, Richard, a college student who helps us upload materials to our blog. Ruth, a businesswoman, arrived after getting past the morning traffic; and then we saw our ever reliable civil servant, Ferdie. Much later, we were joined by Joy, a social worker, as well as Poem Gratela, the founder of Migrante.
"Mang Naro, Borja and Pete Ilagan of Nasecore, along with their counsel, were already at the hearing room; and as soon as the clock struck nine, strangely, only half the hearing room was lit and the row of benches Meralco lawyers would normally fill were empty."
ang basa ko dito kaya naghihingalo ang ispiritu ng pagproprotesta ay dahil sa edsa 2 at mga nagtaguyod nito. ang edsa 2 conspiracy gamit ang media noong umalma ang masa sa pamamagitan ng edsa 3 ay inyong pinigil gamit ang dahas, pinatay ang iba. that act by the yellows and participated in by the left seemed to have effectively killed the spirit of dissent. naging kaisipan ng tao ay wala naman palang mangyayari sa protesta, naging hopeless re protest kumbaga.
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