MikeLigalig.com

By Fred Amora
The Bohol Standard

The Energy Regulatory Commission said Friday that Boholanos better file in court their question on the validity of the operator’s franchise of the Bohol Light Co, Inc. in the appropriate courts.

ERC Commissioner Jose C. Reyes immediately cut short the discussions regarding the BLCI franchise at the beginning of the Consumers’ Hour held at the People’s Mansion Friday afternoon.

He distributed copies of a letter from ERC Chairman Rodolfo B. Albano, Jr. informing the Sangguniang Panlungsod of Tagbilaran City that the issue of the BLCI franchise and its request for a Cease and Desist Order (CDO) against its operation without a congressional franchise be raised with the appropriate court.

The National Electrification Commission (NEC) has issued a Provisional Certificate of Public Convenience (CPCN) to BLCI on July 10, 2003 after the affectivity of the Electric Power Industry Reform Act (EPIRA 2001). The law provides that the power to grant franchise to persons engaged in the transmission and distribution of electricity “shall be exclusively vested in the Congress of the Philippines...”

Reyes declared that the hearing be purely concentrated on the issue of rates, the third and final of BLCI’s application for Unbundling of Rates in the Province of Bohol.

An emotion-filled opening of discussions ensued as Commissioner Reyes threatened to cite for contempt Nemesio Monton, chairman of the Tagbilaran Concerned Consumers Organization (TACCO) for being out of order.

Monton raised the issue on franchise pointing out that if BLCI’s operation is illegal, all of its motions, request for any hike rates have no legal validity from the beginning.

“The ERC should stoop all proceedings until such issues are resolved,” Monton insisted.

Commissioner Reyes warned Monton on his power to cite contempt, declaring that ERC is a quasi-judicial body.

Monton however challenged Reyes: “Go ahead cite me for contempt.”

Reyes kept his cool and instead passed the microphone to ERC legal officer Atty. Rhett Roswell Mislang who made a comment that “if BLCI has no franchise, then let’s not connect electricity from it.”

Mr. Pio Castillo then took the floor pointing a finger to the ERC officers that they should be respectable coming to Bohol. Sarcastic calling for a doctor when somebody is emotional in raising a point is an insult to the descendants of Dagohoy, Castillo declared

“Bayad na mo sa Salcon ug bolada-bolada na lang ning inyong gihimo (you have been paid by Salcon and all these are empty exercise),” Castillo a former police chief and now a fiery radio broadcaster said.

Engr. Maurito Lim, vice chairman of the Bohol Integrated Water Resource management Board (BIWRMB) asked if the increased rates could be held in abeyance until the legality issue is resolved.

“In fairness to all, particularly lowly earning consumers, it should be held in abeyance in order not to aggravate their worsening living conditions caused by the continued increase of cost on commodities and water, electric services,” Lim said.

City legal officer Doni Piquero who represented the City Government of Tagbilaran, reiterated the city’s stand as indicated in their petition docketed as ERC Case No. 2007-122-RC to “deny the BLCI application of P0.25 centavos increase pending resolution of the issues raised.”

In that hearing, BLCI operations Manager Engr.Noel Alingig also bared their intention to recover the P11-million they paid to the city government as franchise tax. BLCI intends to add this to the consumers’ monthly bills. This will be on top of the P0.25 centavos hike already implemented starting in the October billing.

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