Panay Electric Company (PECO) and MORE Electric and Power Corporation (MORE Power) have been ordered to stop discussing the exproriation case in public.
Presiding Judge Daniel Antonio Gerardo Amular of the Iloilo City Regional Trial Court (RTC) Branch 35 issued a gag order on the two competing power firms.
“The court needs time to go over the voluminous records of the case, Clearly, the comments and disclosures over the air waves pertaining to the judicial proceedings by the counsels of both [PECO and MORE Power] may subject this court into disrepute or disrespect, considering the complicated issues brought about by developments in other Judicial forum,” part of order dated Aug. 20 read.
The “two firms, their counsels and persons acting in their behalf” were directed to “avoid any improper conducts tending directly or indirectly to impede, obstruct or degrade the administration of justice, thereby insulting the court from extraneous influence.”
The expropriation case was transferred from Branch 37 to Branch 35.
Judge Marie Yvette Go decided to inhibit herself from the case after she granted the application for a writ of possession authorizing MORE Power to take over the distribution assets PECO.
“This Court finds the Complaint for Expropriation sufficient in form and substance. In expropriation cases, the sufficiency in form and substance of the complaint (is) to be determined by mere examination of the allegations of the complaint. It finds too that the deposit made by the plaintiff is equivalent to the assessed value of the properties subject of the expropriation,” part of Go’s 14-page order read.
The case was filed by MORE Power last March pursuant to its exercise of the power of eminent domain contained in Republic Act (RA) 11212.
The law was signed by President Rodrigo Duterte last February. It granted a 25-year franchise to MORE Power to distribute electricity in the city.
Meanwhile, PECO’s franchise expired on Jan. 18, 2019. The the committee on legislative franchises did not act on its application until the 17th Congress adjourned sine die about two months ago.
In a previous report by IMT NEWS, PECO slammed the order issued by Go.
“Such Order is a blatant violation of the Constitution,” it said in a statement.
The order contradicts 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.IMT
