Reinstated ERC chief seeks immunity from suit for 5 execs while in office
By Lenie Lectura – November 4, 2024
from Business Mirror
Energy Regulatory Commission (ERC) Chairperson and CEO, Atty. Monalisa C. Dimalanta
REINSTATED Energy Regulatory Commission (ERC) chief Monalisa Dimalanta proposed that all five commissioners be granted immunity from suit similar to what is being applied to the Philippine Competition Commission (PCC).
Dimalanta said in an interview that this is one of her four realizations over the past 51 days when she was suspended by the Office of the Ombudsman for alleged grave misconduct, grave abuse of authority, and conduct prejudicial to public service. The allegations were based on a complaint filed by the National Association of Electric Consumers for Reforms Inc. (Nasecore) regarding delays in the rate reset of the Manila Electric Company.
Dimalanta said that while checks and balances in the bureaucracy are necessary, certain processes may result in serious disruptions in regulatory work that can worsen instead of improve the sectoral conditions subject of the complaint.
“Ironically, for instance, in a complaint of delay or inaction, the removal or suspension of a public official can actually exacerbate the delay instead of improve or fast-track resolution. In more recent laws like the Philippine Competition Act (PCA), the legislature has positively addressed this by granting qualified immunity from suit to the regulator for specific actions,” she said, referring to Section 42 of PCA granting members of the PCC qualified immunity from suit. “This can perhaps be considered as well in the Epira amendments.”
The ERC has been proposing amendments to its mandate under the Electric Power Industry Reform act, mainly to enhance the agency’s governance structure.
She also cited the need to increase transparency in ERC’s actions by posting notices of resolutions and actions taken after each Commission meeting. “Hard work, even if coupled with the best of intentions, is not enough if stakeholders are not made aware of action taken at each step of the way,” Dimalanta said.
Another possible consideration when amending Epira is to allow the ERC chairperson to address urgent cases without the need to convene the entire commission.
She noted “high expectations” are placed on the ERC chief as agency head without the accompanying authority, since all authority rests on the Commission acting as a collegial body. “This makes more urgent the passing of the amendments to Epira that shall, as proposed, give express set of authorities to the Chairperson & CEO that need not rely on a delegation from the Commission.
“Certain approvals, for example, can be made by the Chairperson and CEO alone so that immediate and timely response can be taken without need to convene the Commission . . . This way, the expectations and (potential) liability can be matched with the proper authority,” Dimalanta explained.
She lamented that the maximum six-month preventive suspension period without pay is significantly higher than the maximum period provided under the Labor Code for private sector employees.
“For a public servant that is prohibited by law from engaging in practice or from taking on other employment, the possibility of prolonged deprivation of his/her only income source as a consequence of a preventive measure (no finding of guilt or liability as yet) is a real burden,” Dimalanta said.
This sanction, she added, makes it even more challenging to attract the best and the brightest to serve government, on top of the clear disparity in pay between government and the private sector, especially in energy.
Dimalanta immediately went to work last October 31. Her first task was to go over what transpired within the commission for the past one and a half months. “I will study what has been happening at the ERC over the past 51 days,” she said.
The reinstatement comes after the Office of the Ombudsman lifted on October 22 the preventive suspension against her, saying that “after a thorough evaluation of the present case records, this Office finds that the ground which justifies the continued imposition of preventive suspension no longer exists. Therefore, the preventive suspension is no longer necessary.”
While she was away, ERC Officer-in-Charge Jesse Hermogenes T. Andres’ brief stint helped steer the agency through a critical period. “I thank the President for the opportunity to serve the Filipino people through the Energy Regulatory Commission. I thank the ERC Commissioners, officials and staff for their support,” Andres said.
Andres approved and released more than 846 permits, certificates and various approvals in record time in the last six weeks.
These approvals, according to Andres, include the 5th Regulatory Period for Meralco that will provide at least P16-B refund to consumers.
Andres also highlighted the achievements made under his leadership in the ERC. “We have likewise approved the Green Energy Auction-3 methodology for the bidding of much-needed renewable energy projects. We have likewise strengthened our partnership with the industry groups and associations through stakeholders engagement and dialogues,” he said.
