BY Myrna M. Velasco – Sep 9, 2024 12:33 PM
from Manila Bulletin

At a glance

  • Dimalanta’s legal team has been “studying the matter in order to take all available legal remedies” to her suspension order.

Energy Regulatory Commission (ERC) Monalisa C. Dimalanta will temporarily leave her office as chief regulator of the deregulated power industry to comply with the six-month suspension meted out by the Office of the Ombudsman.

In a statement to the media, Dimalanta indicated that she will “immediately cease to perform her functions as Chairperson and Chief Executive Office of the ERC,” starting on the receipt of the order that was served by the Office of the President on Monday (September 9), as channeled through the Office of Executive Secretary Lucas Bersamin.

Amid her forced six-month sabbatical without pay, she conveyed that “all operations of the agency shall continue to function, to the extent possible and as required by the exigencies of service.”

As of press time, the jockeying for officer-in-charge (OIC) post at the ERC has been intensifying, although the Office of the President has not named the contender yet.

So far, the most senior ERC Commissioner is Atty Alexis Lumbatan; and closely following him in terms of years of service is Commissioner Catherine P. Maceda.

Dimalanta stated that the Ombudsman’s ruling “does contain some allegations of the complaint, without providing, however, any statement as to the evidence submitted by complainant that became the basis for the issuance of the preventive suspension Order.”

The suspension order on Dimalanta was underpinned by a complaint filed by the National Association of  Electricity Consumers Inc (Nasecore) which rapped the ERC Chair of negligence of duty for delayed action on rate reset, primarily for utility giant Manila Electric Company.

She qualified that her legal team has been “studying the matter in order to take all available legal remedies given the circumstances.”

As the news of the ERC chairperson’s preventive suspension circulated across all media platforms last week, the member-generators of the Philippine Independent Power Producers Association (PIPPA) sounded off alarm of the decision’s impact to the entire industry.

“Based on the reports available to us, the basis for the suspension seemed to be anchored on alleged grounds that are unfounded and without proper basis,” the organization said.

The group emphasized that Dimalanta “consistently performs her duties with professionalism and in accordance with the code of conduct expected of her as a lawyer and a public servant.”

It added that “in the past decade, she contributed to growth of the energy sector in her capacity as a private and public servant, depending on the nature of the responsibilities she chose to pursue.”

PIPPA highlighted that “the industry cannot afford a commission without its Chair,” while stressing that the matter needs expeditious resolution “since the suspension of our ERC chairperson affects the whole industry.”

Former Energy Secretary and Alternergy Holdings Chairman Vincent S. Perez had also extended his support to the embattled ERC chief, as he noted that “I have continued faith and confidence that the allegations will be resolved favorably.”

He expounded “Chair Mona has exemplified and embodied strong professionalism since taking the helm at the ERC and ensures that there is a strong balance between encouraging investment in the country’s power sector and protecting the interest of the consumers.”

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