Here is the full statement of Panay Electric Co. on the ruling of the Iloilo Regional Trial Court (RTC) Branch 37 on MORE Electric and Power Corporation’s application for a writ of possession.
Unprecedented and patently invalid.
According to a news report released a while ago, the Iloilo Regional Trial Court (RTC) Branch 37 has granted MORE Electric and Power Corporation’s petition for writ of possession to take over the assets of Panay Electric Cooperative ( PECO ). The counsel of MORE accordingly confirmed that Judge Yvette Go has granted the writ of possession on August 14, 2019.
If the new report is accurate, PECO is aghast, to say the least, at such brazenness. Such Order is a blatant violation of the Constitution.
The expropriation provisions of Republic Act 11212 have already been declared unconstitutional by the Regional Trial Court of Mandaluyong and a permanent injunction had been issued against MORE from pursuing the illegal expropriation as early as July 1, 2019. While the said judgment was appealed by MORE to the Supreme Court with a prayer for injunctive relief, the High Tribunal has not issued any temporary restraining order against the implementation of the injunction.
Judge Go’s Order is a most shocking anomaly as it flouts even the authority of the Supreme Court by arrogantly pre-empting its ruling. This was made possible by MORE’s flagrant forum shopping by seeking concurrent remedies before various courts, including the High Court. As such, both Judge Go and MORE are committing not only contempt against the RTC Mandaluyong but also against the Supreme Court.
PECO assures the people of Iloilo that it will not tolerate such illegal and underhanded maneuverings. PECO will enforce and implement the final injunction of RTC of Mandaluyong restraining the takeover and possession of PECO’S assets without prejudice to other legal and administrative remedies that it shall exercise to the fullest extent of the law against both More and Judge Go.
PECO will continue to provide the people of Iloilo reliable and unflinching service. It will not be cowed by this bare-faced defiance of the rule of law.
