The fight of Monte Oro Resources and Energy or MORE Electric and Power Corporation of billionaire ports and gambling magnate Enrique Razon was suddenly energized by the decision of Iloilo Regional Trial Court (RTC) Branch 37 Judge Yvette Go granting its application for a writ of possession of the properties of Panay Electric Company (PECO) citing the provisions of RA 11212 and specifically underlining two important facts, that MORE was granted a franchise to operate as a power distribution firm and PECO’s franchise to operate as a distribution utility has expired last January 18, 2019. 

The decision of Judge Go utterly sidelined the July 1, 2019 decision of Mandaluyong RTC Branch 209 Judge Monique A. Quisumbing-Ignacio that declared the expropriation clause of RA 11212 unconstitutional.

The dispositive portion of the Quisumbing-Ignacio decision reads, “Wherefore, premises considered, judgment is hereby rendered declaring Sections 10 and 17 of RA No. 11212 void and unconstitutional for infringing on PECO’s rights to due process and equal protection of the law”.

Judge Go may have ensured that the eyes ofdlady justice remain blindfolded in saying that the Quisumbing-Ignacio decision is not yet final but she must have failed to appreciate that MORE has questioned and appealed the decision of Mandaluyong RTC at the Supreme Court (SC).

Pending resolution of the prayers of MORE by the highest court of the land, Judge Go neglected the prior decisions of the Supreme Court that imposed judicial courtesy among courts that handle cases of similar contexts. 

In Nicart Jr v. Titong and Abrugar, Sr., G.R. No. 207682, December 10, 2014 the high court said, “In this regard, the Court has, in several cases, held that there are instances where, even if there is no writ of preliminary injunction or temporary restraining order issued by a higher court, it would be proper for a lower court or court of origin to suspend its proceedings on the precept of judicial courtesy” quoting De Leon v. Public Estates Authority, G.R. No. 181970, August 3, 2010, 626 SCRA 547, 562.

MORE owing Judge Go a favor for the decision defended the lady judge by saying that it was them who were stopped by the Mandaluyong Court from pursuing the expropriation and it was not mentioned explicitly that Iloilo RTC must stop from making a decision.

Of course, Mandaluyong RTC will not order Iloilo RTC on what it must do. One thing, it is of the same level with Iloilo RTC. Another thing, perhaps, Judge Quisumbing-Ignacio values the time honored principle of judicial courtesy knowing the administrative liability that comes with its infraction. 

To make matters suspiciously interesting, Judge Yvette Go immediately inhibited herself from issuing the writ of possession the prayer for it she approved and from hearing the expropriation case. 

What is the wisdom of approving MORE’s petition for the issuance of a writ of possession but inhibiting from issuing the writ itself? Why will Judge Go approve the petition for the issuance of a writ of possession but totally give up the expropriation case afterwards?

While it is fundamental to give Judge Go the highest respect for her decision, it would also be noteworthy to take into consideration the silent whispers around the city. 

Who pressured who?

Denying malice into the coincidence, a literally big supporter of MORE was in Iloilo City days during the decision of Judge Go. 

Former Justice Secretary and now Senator Franklin Drilon was in town to accept the honor given by the Iloilo business community for his contributions to the development of the city. In his speech he was quoted saying “In Iloilo, we have proven that we can create change when we put our collective interest before individual interest. In Iloilo, we are nurturing big dreams and are working hard to realize these dreams”.

He has in the recent past, publicly called on the Cacho family, the owners of PECO to give up the fight and relinquish the power distribution to MORE, the company of his new found friend and maybe political patron Enrique Razon.

Last May 2019, Drilon urged the Philippine Ports Authority (PPA) to act on the unsolicited P8.7 billion proposal of Razon to develop two Iloilo Ports. The International Container Terminal Services (ICTSI) of Razon wanted to pour the investment here amidst the massive criticisms it faces from global unions for growing its profit but “failing to put in place decent and sustainable governance structures in line with internationally-accepted best practice”. 

ICTSI which owns and operates 31 terminal facilities in 18 countries according to the International Transport Workers’ Federation (ITF) operates 40% of its ports in partnership with regimes that are either internationally censured or under investigation for crimes against humanity.

Drilon underscored the need to develop the ports of Iloilo in order to sustain the progress and an unsolicited proposal to invest billions of pesos from Razon is most welcome no matter what.

Last week, the Iloilo City Council has approved the reclassification of areas along the Iloilo Coastal Road in barangay Ticud, San Isidro, Banuyao and Hinactacan in Lapaz district and Balabago, Jaro from residential to light industrial mixed-zone through Regulation Ordinance No. 2019-359.

Again, without putting malice into the coincidences, the roads are being cleared for Enrique Razon to bring Iloilo City to the next level. 

It may sound ridiculous, but with ports and power on one man’s hand, the future of politics and business and the mixture of it appears fertile especially so that the 2022 presidential elections is on the horizon.

Or is it necessary to mention that Iloilo City Mayor Jerry Treñas is the Vice President for Special Projects of National Unity Party (NUP) the d with the will to serve the people could transcend beyond the imaginable.

As for the rest, as Senator Bato de la Rosa said, “Shit happens!”