DOE reviewing its options
MANILA, Philippines - The Department of Energy (DOE) is renewing its options after the Court of Appeals denied the agency’s authority to take over the operations of oil companies in times of emergency, Secretary Carlos Jericho Petilla said.
“We will review that. In the first place it appears that we did not have power in the first place. So we will review that with the legal department,†he said.
In a ruling issued last week,the Court of Appeals affirmed the Makati regional trial court’s ruling that Sec. 14 (e) of Republic Act 8479 or the Downstream Oil Industry Deregulation Act of 1998 is unconstitutional.
The Makati court’s ruling stemmed from the case filed by Pilipinas Shell Petroleum Corp. and Petron Corp. questioning the “price freeze†order by then President Gloria Macapagal-Arroyo following the onslaught of typhoons Ondoy and Pepeng.
“From what I understand, the President can actually turn-over utility companies to the DOE but only in times of emergency cases. Now emergency cases will have to be defined,†Petilla said.
He said the powers to be given to the president would also be defined by joint congress.
“In a sense it’s highly dependent on joint congress – that’s what the Court of Appeals is saying but we’ll have to review through our lawyers. So, I have to review it (the CA decision). Take note that this particular case was filed before this administration,†Petilla said.
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