ERC gains Court support for industry autonomy
By Maria Bernadette Romero – 31 Jan 2025, 09:11
from Daily Tribune
“We welcome the High Court’s latest rulings recognizing the Commission’s jurisdiction over key issues in the energy sector,” ERC Chairperson and CEO Monalisa C. Dimalanta said on Thursday.
The Energy Regulatory Commission (ERC) can continue to independently regulate the local electric power industry, especially in handling consumer complaints, bill deposit policies, and overseeing electricity generation and supply operations. This follows recent rulings by the Supreme Court (SC) and the Court of Appeals (CA) that reaffirmed its authority.
“We welcome the High Court’s latest rulings recognizing the Commission’s jurisdiction over key issues in the energy sector,” ERC Chairperson and CEO Monalisa C. Dimalanta said on Thursday.
“The decisions reinforce the ERC’s crucial role to provide much-needed regulatory oversight and ensure that industry stakeholders and consumers alike operate in a fair, transparent, and rules-based regulatory environment,” she added.
Earlier this week, the SC upheld the ERC’s power to require bill deposits from consumers, recognizing it as part of the Commission’s responsibility to ensure the financial stability of Distribution Utilities (DUs).
“This Court is not a trier of facts… Until its finality, the Ombudsman’s findings cannot be considered as binding before this Court,” the ruling stated.
In the Hicap v. ERC case, decided in early January, the SC reaffirmed the ERC’s regulatory authority under the Electric Power Industry Reform Act of 2001 (EPIRA).
The Court emphasized that while the generation and supply sectors are not considered public utilities, they are still subject to ERC oversight.
“While the generation and supply sectors are not public utilities, this by no means removes them from the ambit of governmental regulation,” the ruling said, adding that the EPIRA ensures safeguards to prevent abuse within these sectors.
The Court also confirmed the ERC’s authority to implement a staggered payment scheme to protect consumers and to allow for the passing on of systems loss charges to consumers.
For instance, in the MERALCO v. ERC case, the CA ruled that the ERC has the authority to resolve disputes between Retail Electricity Suppliers (RES) and contestable customers, including issuing cease-and-desist orders.
The CA emphasized, “administrative agencies like the ERC… count among their functions the interpretation of contracts… which traditionally were the exclusive domain of the judicial branch.”
