Panay Electric Company (PECO) slammed the Iloilo City court’s decision favoring its rival firm, MORE Electric and Power Corporation (MORE Power).
Lawyer Hector Teodosio, legal counsel of MORE Power, on Sunday, Aug. 18, claimed that the Regional Trial Court (RTC) Branch 37 approved their application for a writ of possession.
But he said they have not yet received a copy of the decision purportedly issued by Judge Marie Yvette Go on Aug. 14.
PECO described the decision as “unprecedented and patently invalid.”
“If the news report is accurate, PECO is aghast, to say the least, at such brazenness. Such Order is a blatant violation of the Constitution,” it said in a statement.
PECO insisted the ruling of a court in Mandaluyong.
Judge Monique Quisumbing-Ignacio of the Mandaluyong RTC Branch 209, in her order dated July 1, 2019, declared Sections 10 and 17 of Republic Act No. 11212 “void and unconstitutional infringing on PECO’s rights to due process and equal protection of the law.”
“While the said judgment was appealed by MORE to the Supreme Court (SC) with prayer for injunctive relief, the High Tribunal has not issued any temporary restraining order against the implementation of the injunction,” PECO said.
According to PECO, Go’s decision “is a most shocking anomaly as it flouts even the authority of the SC by arrogantly pre-empting its ruling.”
“This was made possible by MORE’s flagrant forum shopping by seeking concurrent remedies before various courts, including the High Court. As such, both Judge Go and MORE Power are committing not only contempt against the RTC Mandaluyong but also against the SC,” it said.
“PECO will enforce and implement the final injunction of RTC of Mandaluyong restraining the take over and possession of PECO’S assets without prejudice to other legal and administrative remedies that it shall exercise to the fullest extent of the law againt both MORE Power and Judge Go,” PECO further said.
Lawyer Estrella Elamparo, legal counsel of PECO, in an interview over radio station RMN-Iloilo, said they would exhaust all available legal remedies to challenge Go’ decision.
“Kasama sa pinagaaralan natin ang pagsampa ng kado laban kay Judge Go Definitely ang isang order na unconstitutional, ang isang order na pambabastos sa Korte Suprema ay hindi dapat sundin at hindi dapat na-issue in the first place,” she said.
Elamparo stressed that only the SC can issue the temporary restraining order (TRO) against the said judgement of Mandaluyong RTC.
“Hanggang po sa mga minutong ito ay wala pa silang nakukuhang TRO kaya walang karapatan ang MORE at sinuman na suwayin ang judgement na na issue na nang Mandaluyong RTC,” she said.
The Mandaluyong RTC’s decision states: “Consequently, PECO has no obligation to sell and respondent has no right to expropriate PECO’s assets under Sections 10 and 17 of RA No. 11212; and, PECO’s rights to its properties are protected against arbitrary and confiscatory taking under the relevant portions of Sections 10 and 17 of RA No. 11212,” the order stated.
RA 11212 grants MORE Power a franchise to distribute electricity in the city for 25 years. It was signed by President Rodrigo Duterte in February this year.
Sections 10 and 17 of the law allow MORE Power, a firm owned by tycoon Enrique Razon Jr., to expropriate PECO’s distibution assets.IMT
