By Alex P. Vidal
“Good luck needs no explanation.”—Shirley Temple
IT was a tight decision.
In boxing, the defeat of Panay Electric Company (PECO) to More Electric and Power Corporation (MORE) in the Supreme Court was a split decision, not a technical knockout (TKO).
Since “it wasn’t a convincing win”, PECO is still hoping for a last-ditch miracle to turn the tide through an appeal.
Even if the chances for SC to reverse its own ruling are nil, PECO legal counsel, Atty. Estrella Elamparo, said PECO hasn’t thrown in the towel yet.
“We will continue to pursue the available legal remedies to defend PECO’s constitutional rights. Despite this temporary setback, we remain optimistic that we will ultimately be vindicated not just for PECO but for the people of Iloilo,” Elamparo said in a statement. “The tight vote lends support to our position that the takeover of PECO’s properties is not the exercise of eminent domain contemplated by our laws, but a violation of constitutional rights.”
Good luck on your appeal, PECO.
The 8-6 verdict upheld MORE’s control over the power distribution business in Iloilo City, paving the way for Enrique Razon Jr.’s company to wrest the legal right to serve the Ilonggo electric consumers.
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The SC decision thus has set aside the order issued by the Mandaluyong City Regional Trial Court (RTC) and declaring Sections 10 and 17 of Republic Act No. 11212 (MORE’s franchise) as constitutional, according to SC public information chief and spokesperson, Atty. Brian Keith Hosaka, who explained: “In granting the petitions, the Supreme Court reversed the judgment of the Regional Trial Court of Mandaluyong City Branch 209 in Civil Case No. R-MND-19-00571, and declared Section 10 and 17 of RA No. 11212 constitutional.”
We expect Mr. Razon to be magnanimous in victory and will now focus on how to upgrade MORE’s facilities and buttress the firm’s other physical assets.
Whatever will happen next, PECO had fought a good fight.
It’s time to move on.
Everything is now history.
For all the years that PECO had been part of the Ilonggos’ household, it isn’t easy to just dismiss its memory during its halcyon years.
Good luck and God bless, PECO.
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MY MEMORY OF PECO. Back in May 1993 when the Panay Electric Company (PECO) was applying for a 25-year extension of its franchise in the Iloilo City Council, among the demands of the committee on public services, environmental protection and committee on ecology, transportation, energy and public utilities from the power utility’s top echelons during the public hearings were to put up a meter reading system.
Among the central issues raised against PECO was the “astronomical” distribution and generations fees, and, of course, the “lack of proper meter reading system” that irked so many consumers, including the late prominent businessman William Bayani, who filed a case against PECO.
For several weeks, PECO underwent intense grilling from Councilors German Gonzalez, Achilles Plagata, Rolando Dabao, Eduardo Laczi, and Perla Zulueta.
It was agreed that the meter reading system was necessary in order to provide the correct and accurate reading of the power consumed by the consumers and avoid overcharging.
The City Council approved PECO’s application for extension of its franchise.
Under the law, it must get Congress’ imprimatur after sailing through the local legislature.
Before PECO got endorsement from the City Council, it was bombarded with multitudes of complaints from various consumer groups in a series of public hearings.
(The author, who is now based in New York City, used to be the editor of two dailies in Iloilo)
