PRESIDENT Rodrigo R. Duterte will take action this month to ensure that the Energy Regulatory Commission’s (ERC) operations are not paralyzed, according to Presidential Spokesperson Herminio L. Roque, Jr., who added that Malacañang is studying the appointment of officers-in-charge (OICs).
“The ERC cannot be paralyzed because it’s a critical agency,” Mr. Roque said, speaking in Filipino, in an interview with DZMM on Tuesday, adding, “I believe the President will act this month to keep that from happening.”
On Dec.21, the Office of the Ombudsman ordered a year’s suspension for former ERC Chairman and Chief Executive Officer Jose Vicente Salazar and commissioners Alfredo J. Non, Gloria Victoria C. Yap-Taruc, Josefina Patricia A. Magpale-Asirit, and Geronimo D. Sta. Ana.
These officials were charged with violation of Republic Act No. 3019 or the “Anti-Graft and Corrupt Practices Act” in connection with the revised implementation date of the competitive selection process (CSP), which the Ombudsman said favored a few power supply contracts.
“Pinag-aaralan talaga ng Executive Secretary dahil hindi pe-pwede na mawalan ng mga commissioners ang ERC, sa dami ng mga pending na PSA (Power-Supply Agreement applications).”
Mr. Roque also warned of possible power outages as ERC Chairman Agnes T. Devanadera warned in December.
“We really will have brownouts, so Executive Secretary (Salvador C.) Medialdea is considering the problem,” Mr. Roque said.
“One possibility is to look into the basis for the suspensions and whether a decision can be reached on their removal. But the problem is that ERC commissioners have fixed terms, so now we’re looking at the declaration of Presidential Legal Counsel Salvador S. Panelo that we can appoint OICs.
Mr. Panelo issued a memorandum on Dec. 28 upholding the authority of the President to appoint OICs, citing “Section 17, Chapter 5 of Administrative Code of 1987 which vests the President the authority to appoint temporary commissioners in lieu of the suspended four Commissioners of the ERC who cannot perform their duties.”
“Let me make it clear that we are not seeking to disregard the suspension order just because we don’t want to paralyze the ERC. So we could pursue Presidential Legal Counsel Panelo’s opinion that we can have OICs,” Mr. Roque added.
