Pasig court starts hearings on PPA suit

Judge Alfredo Flores of the Pasig City Regional Trial Court (RTC) started yesterday hearings on a class-action suit against the Manila Electric Co. (Meralco) and the National Power Corp. (Napocor) pressing them to stop the collection of the controversial purchased power adjustment.

Meanwhile, lawyers for ousted President Joseph Estrada said they expect the court to rule on the PPA suit soon, saying the former leader has asked them to support the lawyers opposing the PPA.

On Tuesday, some 40 activist groups filed the class-action suit in a bid to secure a 20-day temporary injunction against Meralco and Napocor.

The petitioners were led by former Sen. Juan Ponce Enrile and lawyer Raymund Fortun, Estrada’s counsel.

During the two-hour hearing that started at 9 a.m. at the RTC Branch 167, Enrile and Fortun asked the RTC to issue a speedy ruling on the temporary restraining order (TRO) because Meralco, they claimed, is set to disconnect power from consumers who failed to pay their PPA.

They also presented consumers Corazon Lozano and Napolean Caparas.

Enrile and Fortun argued that the livelihood of consumers is at stake and the well-being of their children would be affected by Meralco’s move to cut their power supply.

Hundreds of consumers were monitored to have shied away from paying the PPA.

Consumers Lozano and Caparas, residents of Manila, claimed that Meralco cut off their power supply due to delays in paying their electric bills and PPA last month.

Meralco lawyer Gil San Diego, however, said that Meralco has complied with all the procedures before the power supply of Lozano and Caparas was cut off.

San Diego said that Lozano received a notice of disconnection on May 20, but power was only cut off May 27. When Lozano paid her bill at the España branch of Meralco, her electricity had already been cut off upon her return.

San Diego and Napocor lawyer Rainier Butalid argued that the proceedings should not go on as the petitioners failed to inform the Office of the Solicitor General (OSG) because a government corporation is involved and it is regulatory in nature.

"It is mandatory in character," Butalid said, quoting Article 34 Section 2 of the Rules of Court that requires the presence of the OSG in such court proceedings.

Butalid and San Diego also maintained that the Energy Regulatory Commission (ERC) should be the one to head the case, it being concerned with energy and power prices.

Enrile and Fortun pointed out, however, that they are asking for a TRO and not questioning the constitutionality of the PPA.

Flores assured that he would issue a TRO soon should Meralco unilaterally cut off electricity of protesting consumers on Monday.

"Maybe I should be inhibited from hearing the case since I am also affected by the PPA," Flores said in jest, noting that every Filipino is affected by the PPA charges. He asked Meralco and Napocor to present their evidence and witnesses at 2 p.m. on Monday.

"We are hopeful of the court’s decision in favor of the petitioners," Fortun said.

"My presence here as counsel for the petitioners is President Estrada’s way of helping our countrymen fight the onerous PPA that is bringing hardship to all of us, especially the poor," Fortun said.

Petitioners against the PPA collection include Bishop Teodoro Bacani, Partido ng Masang Pilipino spokesman Jesus Crispin Remulla and officials of various labor groups and mass organizations.