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Nationwide round-up

UNICEF commends IRR on protecting children in armed conflict

A CHILD attends a disengagement ceremony held at one of the base camps of the Moro Islamic Liberation Front (MILF) in this 2017 file photo. As part of the United Nations-MILF action plan to address the recruitment and use of children in armed conflict, children involved in the Bangsamoro Islamic Armed Forces of the MILF were identified and separated. — PHOTO COURTESY OF UNICEF.

THE United Nations Children’s Fund (UNICEF) in a statement said it commends the Philippine government in taking the next critical step toward improving the plight of children in conflict zones with the recent signing of the Implementing Rules and Regulations (IRR) of the law to protect Children in Situations of Armed Conflict (CSAC). Chief for Child Protection Grace Agcaoili was quoted in the statement as saying that “the release of the IRR of this first-ever comprehensive national law (Republic Act 11188) on CSAC is further proof of the government’s commitment to the Convention on the Rights of the Child.” She also reaffirmed UNICEF’s support in implementing the law as it marks the 30th anniversary of the adoption of the Convention on the Rights of the Child.

11 US fugitives deported

ELEVEN fugitives have been returned to the United States after Philippine officials helped tracked them down in Manila. In a statement, the US State Department said its Diplomatic Security Service at the US Embassy in Manila “located and apprehended 11 US fugitives wanted for crimes ranging from conspiracy to commit murder, securities fraud, child abuse, and sexual assault.” “We thank the Government of the Philippines for their longstanding support, and look forward to our future cooperation as friends, partners, and allies,” the State Department said. — Gillian M. Cortez

House holds orientation on legislation

FIFTEEN incoming first-term congressmen attended the first day of an orientation program and executive course on legislation, about a month before the 18th Congress begins. The three-day crash course, with three batches, was conducted by the House of Representatives together with the University of the Philippines-National College of Public Administration and Governance (UP-NCPAG). “Ang pag-aaralan nila ay kung paano sila gagalaw bilang bagong representatives. Tutulungan namin sila na malaman nila kung paano ang legislative process, policy process, paano sila gagalaw sa policy system na meron tayo,” UP NCPAG dean Dr. Fe Mendoza told reporters. (They will learn how to act as new representatives. We will help them learn the legislative process, the policy process, and how they will adjust to the policy system that we have.) Some of the subjects covered are understanding development concepts, public policy, budget process, legislative process, and citizen engagement. The new lawmakers will conduct a mock committee meeting and will also be required to work on a legislative agenda at the end of the training. — Vince Angelo C. Ferreras

DILG flags ministry to LGUs

THE Department of Interior and Local Government (DILG) has called on local government units to revoke the business permits of Kapa Community Ministry International Inc. following President Rodrigo R. Duterte’s call to shut down its operations. In a memorandum issued on June 13, DILG Secretary Eduardo M. Año cited the Local Government Code and the mandate of city and municipal mayors “to issue licenses and permits and suspend or revoke the same for any violation of the conditions upon which said licenses or permits had been issued pursuant to law or ordinance.” “Marami na ang naloko at marami pa sa ating mga kababayan ang maloloko sa investment scam na ito kung hindi ito aaksyunan ng mga mayor,” Mr. Año said in a statement on Monday. (Many have been tricked and more people may be lured into this investment scam unless the mayors take action.) The DILG directive came after the Securities and Exchange Commission (SEC) revoked Kapa’s certificate of registration and secured over P100 million of its assets in accordance with a freeze order by the Court of Appeals. — Vince Angelo C. Ferreras

Terror suspects nabbed in QC

POLICE have arrested two suspected terrorists linked to Daulah Islamiyah in Tandang Sora, Quezon City on Saturday. Philippine National Police (PNP) chief Gen. Oscar D. Albayalde presented and identified the suspects as Arnel Cabintoy, alias Abu Mus’b, and Feliciano Sulayao, alias Abu Muslim, whom the PNP chief described as “Islam converts who joined the Daulaw Islamiyah Philippines under Hatib Hajan Sawadjaan.” “Cabintoy and Sulayao are the subjects of an Order of Apprehension of Personalities Involved in the Rebellion in Mindanao issued by the Secretary of National Defense, who is administrator of the Martial Law in Mindanao that remains in effect until the end of this year as ratified by the joint houses of Congress,” Mr. Albayalde said in a press briefing, referring to the alleged involvement of the suspects in the Marawi Siege of 2017. — Vince Angelo C. Ferreras

Kalibo Meat Plant due for rehabilitation

THE Philippine Slaughterhouse Management and Operation, Inc. (PSMO) and the Municipality of Kalibo are set to rehabilitate and renovate the Kalibo Meat Plant with the aim of having the facility attain double “AA” accreditation, which would ensure access to clean and secure products. “The project, which was undertaken as a joint venture under a public-private partnership scheme, uses the PPP Code of Aklan, as adopted by the Municipal Government of Kalibo and approved by its local Sanggunian, as its legal framework,” the company said in a statement. The rehabilitation of the meat plant is expected to be completed within 12 months. PSMO is also tasked to improve the slaughterhouse. “The rehabilitation of the meat plant will also allow higher daily production capacity of the slaughterhouse,” it said. — Vincent Mariel P. Galang

Police director flags extortion group

THE Police Regional Office has warned the public about an extortion group using the name of Brig. General Marcelo C. Morales, director of the office. Mr. Morales said the group has been sending “intimidating text messages to their potential victims” using his name. “I have not authorized anyone to use my name for any purpose,” he said, adding that he has deployed police units to pursue the extortionists. Mr. Morales also urged the public to report to the police any extortion attempt by this group. — Carmelito Q. Francisco

US awards micro-grants for rehabilitation of Marawi, other areas

THE US government has awarded 75 micro-grants to communities and business owners displaced from Marawi, a statement Monday by the US Embassy said. According to the statement, Acting Mission Director Patrick Wesner of the US Agency for International Development (USAID) and Field Office Manager and Assistant Secretary Felix Castro of Task Force Bangon Marawi visited Marawi and Iligan on June 11 for the community grants handover events. “The micro-grants, each valued at P260,000, will assist displaced families as they restart their livelihoods and small businesses, and will help host communities build small scale infrastructure and convene community events critical to the recovery,” the statement said, adding that the micro-grants and training program are part of USAID’s three-year, P1.35-billion Marawi Response Project, “which supports the economic recovery and social cohesion of displaced and host communities in Marawi, Lanao Del Sur, Lanao Del Norte and Iligan.” The micro-grants in Iligan City were awarded in collaboration with the Bangon Marawi Chamber of Commerce and Industry (BMCCI), an association of entrepreneurs displaced from the most affected area of Marawi.

Comelec: No fraud in Maguindanao town

THE COMMISSION on Elections in a statement on Monday denied poll fraud allegations by mayoral candidate Sam Zailon Esmael of Datu Salibo, Maguindanao, who posted on social media a photograph of a ballot box left in floodwaters. “Contrary to allegations made by Esmael and in the absence of any proof of fraud, Datu Salibo Election Officer Mary Ann Marohombsar maintains that the conduct of the May 13 polls in her jurisdiction was fraud-free,” the Comelec said, adding that the ballot box was stolen, as per the account of Datu Salibo municipal treasurer Ali A. Mamoribid. — Gillian M. Cortez

Nation at a Glance — (06/18/19)

News stories from across the nation. Visit www.bworldonline.com (section: The Nation) to read more national and regional news from the Philippines.

Nation at a Glance — (06/18/19)

Peso drops vs dollar on positive US data

THE PESO weakened against the greenback due to strong US retail sales data.

THE PESO weakened against the dollar on Monday following the release of strong US retail sales and weaker-than-expected remittances from overseas Filipinos.

The local unit closed Monday’s session at P52.145 versus the dollar, down 12.5 centavos from the P52.02-per-dollar finish last Friday.

The peso opened the session weaker at P52.05 per greenback, which was already near its intraday high of P52.04. Meanwhile, it dropped to as low as P52.21 versus the US currency during the session.

Trading volume climbed to $955.73 million from the $870.39 million that switched hands in the previous session.

A trader said in a phone interview that the peso declined against the dollar at the start of session to track the stronger greenback over the weekend, driven by the strong US retail sales report.

The US Commerce Department said on Friday that retail sales picked up 0.5% in May, bolstered by higher sales of cars and other goods.

Retail sales in April was also revised to a 0.3% growth from a 0.2% drop earlier reported.

“Given the stronger retail sales, this boosted the dollar index against euro, pound and yen,” the trader said.

The trader added that the peso’s decline continued in the afternoon session following the release of weaker-than-expected local remittances data.

The Bangko Sentral ng Pilipinas reported yesterday that cash sent home by Filipinos abroad amounted to $2.4 billion in April, up 4% from $2.3 billion booked in the same month in 2018. This was driven by remittances from the United States, Saudi Arabia, Singapore, United Arab Emirates and the United Kingdom.

“Philippine remittances came out lower than expected. The previous data posted a 6.6% growth and the market expectation was at 4.6%. But the actual data came out at 4%,” the trader said.

Meanwhile, another trader said the peso weakened on Monday amid dampened hopes of a near-term trade resolution between the US and China after US Trade Secretary Wilbur Ross downplayed a possible major trade deal that might be achieved at the G-20 Summit in Japan later this month.

For today, the first trader expects the peso to trade between P52 and P52.30, while the other gave a P52.10-P52.30 range. — Karl Angelo N. Vidal

Stocks drop ahead of Fed, BSP policy meetings

By Arra B. Francia, Senior Reporter

LOCAL EQUITIES fell on Monday ahead of the policy meetings of the US Federal Reserve and the Bangko Sentral ng Pilipinas (BSP) this week.

The benchmark Philippine Stock Exchange index (PSEi) plunged 1.01% or 81.21 points to close at 7,908.99 yesterday, continuing its losses since Friday. The broader all-shares index likewise declined 0.86% or 42.19 points to 4,842.72.

“Investors resumed profit-taking ahead of the some important events towards the end of the the week namely the FOMC (Federal Open Market Committee), BSP meeting and FTSE (Financial Times Stock Exchange) rebalancing,” Regina Capital Development Corp. Head of Sales Luis A. Limlingan said in a mobile phone message.

The FOMC will have its two-day policy meeting from June 18-19, where it is expected to keep interest rates steady.

Meanwhile, the BSP’s Monetary Board will also meet on Thursday, June 20 for its own review where it is also seen to hold fire.

“Sentiment carrying over from last week was also negative as US stocks fell over the sharp decline in the broader tech sector,” Mr. Limlingan added.

The Dow Jones Industrial Average was down by 0.07% or 17.16 points to close at 26,089.61 last Friday. The S&P 500 index tumbled 0.16% or 4.66 points to 2,886.98, while the Nasdaq Composite index retreated 0.52% or 40.47 points to 7,796.66.

Most Southeast Asian stock markets also trod water on Monday as market participants stayed on the sidelines ahead of a slew of central bank policy meetings, while political tensions in Hong Kong and the Middle East kept risk appetite in check.

“Everyone is waiting to see if the central banks can actually be more dovish on interest rates to support markets, considering there’s a lot of downside risk coming in from the trade wars,” said Joanne Goh, an equity strategist with DBS Bank Ltd. in Singapore.

On the other hand, Papa Securities Corp. Sales Associate Gabriel Jose F. Perez attributed the local market’s decline to net foreign selling.

Net foreign outflows increased to P587.43 million on Monday versus the previous session’s P388.11 million.

All sectoral indices moved to negative territory, led by services which dropped 1.42% or 24.08 points to 1,670.79. Industrials shed 1.18% or 139.38 points to 11,591.94; financials went down 1.09% or 19.11 points to 1,723.68; property slipped 0.87% or 38.02 points to 4,294.55; holding firms slumped 0.63% or 48.15 points to 7,494.36; while mining and oil dropped 0.26% or 19.21 points to 7,133.57.

Some 663.59 million issues valued at P5.02 billion switched hands, lower than Friday’s P7.68-billion turnover.

Decliners were almost double the advancers, 136 to 70, while 43 names were unchanged. — with Reuters

Pepsi Philippines champions sustainability in national Brigada Eskwela drive

In line with its commitment to sustainability and quality education, Pepsi-Cola Products Philippines, Inc. (PCPPI) partnered once again with the Department of Education (DepEd) to support their annual Brigada Eskwela program through nationwide, week-long activities with almost five hundred volunteers that rendered a cumulative 2,462 volunteer hours to local communities.

“Every year, PCPPI actively engages with the education sector and the schools of our surrounding communities through Brigada Eskwela,” said PCPPI Corporate Affairs and Communications Senior Manager Monique Castro. “Taking care of the communities that support our trade is part of our core commitment to sustainability. Now equipped with our new three-pronged sustainability framework on Water Stewardship, Circular Economy, and Inclusive Business, we expand our efforts in promoting effective resource management and our green advocacy to contribute to the mutual growth of both these communities and all of our operations.”

A total of 27 schools from the surrounding communities of PCPPI’s 14 business units nationwide benefited from the company’s community investment of almost a million pesos.

Effective resource management through water stewardship

For its 2019 initiative, PCPPI supplied safe drinking water for students by donating high-grade drinking fountains to five schools surrounding their Modern Trade Operations, Central Luzon, Southern Tagalog Region, Cebu, and Davao offices.

With a drinking facility provided to each district, over 5,000 students in Luzon, Visayas, and Mindanao were given access to safe drinking water. Recipient schools include Muntinlupa Elementary School, San Agustin Integrated Elementary School, Doña Tiburcia Carpio Malvar Elementary School in Luzon; Cebu’s Tulay National High School; and Talomo Elementary School in Davao.

PCPPI also promoted hygiene and sanitation by conducting proper handwashing demos as well as donating handwashing facilities with hygiene kits set to serve 1,280 students. The three school beneficiaries were Marcos Elementary School near the company’s North Luzon facility, Echague National High School in Cabuyao, and Tanauan National High School in Leyte.

“We ensure the safety of the community around our operations and enrich their lives by providing them better access to water while teaching them proper sanitation and hygiene practices. By doing so, we not only address their immediate needs but promote effective resource management as well,” said Castro.

Driving a greener advocacy through circular economy

Committed to its mission of doing sustainable business, PCPPI also championed Circular Economy practices through solid waste management trainings for parents and students. The trainings were conducted in F. De Mesa Elementary School, Muntinlupa Elementary School and Diezmo Elementary School.

“This year’s Brigada Eskwela extended our involvement with the students by reaching out to their parents and teachers. We wanted to impart to them lasting lessons on sustainability that they can continue to put into practice at home or in school,” she said.

On top of this, the company promoted recycling and upcycling by turning over a greenhouse made of PET bottles to Echague National High School in Cabuyao, 50 modified water sprinklers in Bacolod, and 54 trash bins to the schools covered by its Metro Operations Services, Modern Trade office, Northern Luzon, Central Luzon, and Davao operations.

In support of better education for the local communities, the bottling firm donated a total of 17,200 notebooks and 275 sets of school supplies for students.

“We wanted to get more communities on board with our sustainability efforts to maximize its reach and impart to them our best practices on how to manage our natural resources wisely and well. We are confident that through these, our stakeholders can help us influence and encourage more Filipinos to partner with us so that together we can make a lasting difference,” Castro concluded.

Executive pay disclosure required

PUBLICLY LISTED firms may have to disclose the exact compensation of each member of their board directors soon, as per the Revised Corporation Code of the Philippines.

A provision in the changes to the country’s Corporation Code implemented through Republic Act (RA) No. 11232 says companies must now disclose the total compensation of each of their directors or trustees.

“Corporations vested with public interest shall submit to their shareholders and the Commission, an annual report of the total compensation of each of their directors or trustees,” according to the Section 29 of RA 11232, which was signed by President Rodrigo R. Duterte into law last February.

This compares to the current practice of disclosing only the total compensation of all the officers and directors of a company.

For instance, SM Investments Corp. (SMIC) only states the compensation of its president and its four highest compensated executive officers. It paid out a total of P100 million in total salaries to these five executives in 2018, and is projected to rise to P110 million this year, according to its information statement filed with the bourse last March.

SMIC also said it paid P328 million in salaries to “all other officers and directors as a group unnamed.” This figure is seen to rise to P355 million in 2019.

The same practice is done at Ayala Corp. (AC). In its latest information statement, AC said its chief executive officer and highest compensated executive officers collectively earned a salary of P303.98 million in 2018.

AC expects the salaries of these officials to rise to P328.30 million this year.

The same section of the Revised Corporation Code states that the total compensation of directors must not exceed 10% of the company’s net income before income tax the year before.

“In no case shall the total yearly compensation of directors exceed ten (10%) percent of the net income before income tax of the corporation during the preceding year.”

Securities and Exchange Commission (SEC) Chairperson Emilio B. Aquino earlier said the law does not require implementing rules and regulations since it is self-executory, but noted they may issue memorandum circulars for some sections.

Sought for comment, SEC Officer-in-Charge for the Office of the Commission Secretary Armando A. Pan, Jr. said they have yet to finalize plans for RA 11232’s implementation.

“Don’t know the plan on this since focus is still on company formation rules. Anyway that requirement is clear,” Mr. Pan said via text.

Officials of the Philippine Stock Exchange have yet to respond to requests for comment on the matter.

The Revised Corporation Code amended the 38-year-old Batas Pambansa Blg. 68. Other salient provisions in the law include the grant of perpetual corporate term for existing and future corporations unless otherwise provided in their articles of incorporation.

The new code also allows the establishment of one-person corporations, where a single stockholder may form a company without a minimum authorized capital stock. — Arra B. Francia

Power underwhelming: Why are there power outages?

By Mark T. Amoguis
Senior Researcher

IN THE PHILIPPINES, one would have to get used to brownouts, or the drop in voltage in an electrical power supply system. Whether or not it is intentional, these outages have wide-ranging effects on the economy: households would experience no electricity for a few minutes or even for hours, causing great inconvenience; businesses would incur higher costs by way of lost revenue and reduced productivity; and investors would be hesitant to do business, leading to reduced investments.

The Luzon grid has had episodes of “yellow” alerts since March due to high electricity demand outstripping supply as well as unscheduled outages of power plants. The first yellow alert, which occurred on March 5, saw peak demand for the day reaching 9,491 megawatts (MW) against the grid’s available capacity of 10,115 MW with an operating margin at just 624 MW — falling short of the required contingency reserve of 647 MW.

The Philippines’ Power SectorThinning reserves reached a low when the National Grid Corporation of the Philippines (NGCP) declared on April 10 its first “red” alert notice as power demand in Luzon outstripped reserves following unscheduled outages.

NGCP, which is the private firm that operates, maintains, and develops the country’s transmission network, issues these alerts whenever energy reserves are inadequate. The grid operator has several levels of reserve energy that it uses to stabilize the fluctuating power demanded from the electricity grid.

One, there is a “regulating” reserve, which is the standard operating requirement to maintain a balance between available capacity and system demand. This is ideally equivalent to around four percent of peak demand.

On top of the regulating reserve, the NGCP maintains a “contingency” reserve that it allocates to immediately cover the loss in supply when the largest power generating unit online — usually at around 600 MW — fails to deliver.

Lastly, the operator also maintains a “dispatchable” reserve that is readily available to replenish lost contingency reserve.

A yellow alert notice is issued when the dispatchable reserve is fully spent and the system is already tapping into its contingency reserve. A red alert notice means both dispatchable and contingency reserves are gone.

Based on NGCP notices, there were seven yellow alerts and seven red alerts in April alone. In May, there were 13 yellow alerts and two red alerts.

This number far outstripped the number of yellow alerts in the previous years, according to consumer advocacy group CitizenWatch Philippines’ “PowerPlant Watch.”

“Comparing this to previous years, we had only seven instances of yellow alerts in 2018 and only three during the same period in 2017,” wrote Hannah Viola, convenor of CitizenWatch and energy fellow at Stratbase ADR Institute, in her column in BusinessWorld titled “A Call for Energy Transparency” published on April 9.

Bienvenido S. Oplas, Jr., columnist for BusinessWorld, economist, and president of Minimal Government Thinkers (MGT), noted in an e-mail interview the Philippines’ power capacity as being “far out from many neighbors in East Asia.”

Citing data from the Central Intelligence Agency’s World Factbook, Mr. Oplas said the Philippines, which has a population of at least 100 million, has a lower power capacity per person compared to neighboring countries such as those of Vietnam, Malaysia, and Laos at 2.1 times, 4.9 times, and 4.9 times, respectively.

LACK OF POWER PLANTS, DE-RATINGS
Industry players and analysts said this scenario could have been avoided had there been more power plants available to compensate for those undergoing unscheduled shutdowns or maintenance.

Data from the Department of Energy (DoE) showed there are 126 power plants in Luzon grid alone as of end-2018 with installed and dependable capacities of 16,133.06 MW and 14,641.76 MW, respectively.

However, results of a study from the Energy Regulatory Commission (ERC) released in May showed that up to 72% of these power plants are at least 16 years or older, which may have contributed to the grid’s power deficiency this year.

“Older plants require more frequent maintenance and repairs and may be more prone to unscheduled outages,” Lawrence S. Fernandez, Manila Electric Co. (Meralco) vice-president and head of Utility Economics, said in an e-mail interview.

DoE Undersecretary Felix William B. Fuentebella said in a separate e-mail interview that the occurrence of unplanned and forced outages were considered in the DoE’s assessment of the 2019 summer supply and demand outlook as well as the potential impact of El Niño.

“However, the simultaneous breakdowns were not expected in spite of the preparation and availability of the interruptible load program during the red alert statuses, which resulted in manual load drops,” Mr. Fuentebella said, adding that the delays in the entry of committed power plants “contributed to the limited capacities” in the Luzon grid.

Meralco’s Mr. Fernandez said they have noticed the demand for power has been growing faster in the rest of Luzon compared to the Meralco service area.

“However, it was really the unplanned and forced power plant outages and the delayed entry of new generation capacity that caused the alerts this year,” he said. “This thinning power supply, paired with rising power demand, combine to create a less than ideal power situation.”

“I think the unforeseen factor there was the ‘old plants’ factor; just many of them went on unscheduled shutdowns,” MGT’s Mr. Oplas said.

A closer look at available data showed plants currently online include those built way back in the 1940s and 1950s — plants whose efficiency has eroded through the years.

Two of these plants are located in Luzon — the Caliraya dam-type hydroelectric power plant (HEPP) and the Botocon run-of-river type HEPP, both located in Lumban, Laguna. These plants were commissioned in the early to mid-1940s.

Adding to the forced and unforced outages, the lack of supply is also attributed to plant de-ratings, which happens when a power plant is operating at less than its maximum capability in order to prolong its life.

“The current situation of our power plants and the continuously rising demand suggest that it would be beneficial to our grid if new capacities are built so more supply and reserves are available,” said Meralco’s Mr. Fernandez.

For MGT’s Mr. Oplas, the lack of new peaking power plants being built is also a concern. These are power plants that are generally run when there is high demand or only during peak times.

The economist explained there is little to no incentive in putting up these peaking plants as they can only sell through the Wholesale Electricity Spot Market (WESM), which has installed price caps to protect consumers from excessive price spikes.

“There should be incentives for developers of peaking plants that may be idle for nine to ten months per year, then running only for a few hours per day on hot months… Even if they charge high, say five to ten times the average WESM clearing price on certain hours, it’s still cheaper compared to having massive blackouts, or the poor buying candles (and have more fires) or the middle class and rich buying more generator sets (and have more air, noise pollution),” he said.

“When demand is high during hot months, baseload and mid-merit plants cannot deliver extra,” he explained.

Joe R. Zaldarriaga, Meralco assistant vice-president and public information office head, said the government and power plant operators should look into the causes behind these power plant outages and address them accordingly.

“It would be best to explore ways of better operating, maintaining and sustaining the various power plants and keep them running efficiently. The government should also continue identifying projects of national significance, like large power plants and transmission facilities, and help fast-track their construction and operations,” he said in an e-mail.

DELAY IN POWER SUPPLY DEALS
According to DoE’s Mr. Fuentebella, common hurdles faced by proponents in pursuing new power projects include “licensing/permitting challenges” as well as access to financial packages.

For his part, MGT’s Mr. Oplas noted the “thick, wide bureaucracies” in the local and national levels when applying for a power plant project.

“[T]he whole thing would require 359 government signatures, involving 74 agencies and bureaus, covering 43 different licenses and contracts,” Mr. Oplas explained, citing a September 2018 PowerPoint presentation of Senator Sherwin T. Gatchalian, who chaired the Senate’s energy committee in the 17th Congress.

Meralco’s Mr. Zaldarriaga said for power projects, long-term planning is crucial as the construction of a power plant, which includes the permitting process takes more than five years to achieve.

Business groups have been calling for the construction of power plants to ensure ample long-term supply of electricity. However, hampering efforts is the delay in the approval of power supply agreements (PSA), which is a bilateral agreement between a generation company and a distribution utility for the purchase and supply of power.

A PSA is typically a critical milestone for power projects as these are signed before construction of a power plant starts to reassure banks that the plant will have ready buyers for its output.

The Supreme Court (SC) ruled last month that all PSAs submitted by distribution utilities to the ERC on or after June 30, 2015, must undergo what is called a competitive selection process (CSP).

CSP requires contracts between power generation companies and distribution utilities to be subjected to price challengers, a process that is aimed at lowering electricity cost.

The decision affected seven PSA applications that were filed by Meralco that covered 3,551 MW. The contracts were signed on April 29, 2016, a day before the April 30, 2016 extended deadline set by the ERC.

The ERC promulgated CSP in November 2015 but had to restate its effectivity date to April 30, 2016 through a resolution issued in March 2016. It said the move was prompted by letter-inquiries from distribution utilities and generation companies assailing the legal implication of the CSP to existing power supply deals.

Meralco’s PSAs are with two subsidiaries of its unit Meralco Powergen Corp., which is constructing power plants under subsidiaries Atimonan One Energy, Inc., San Buenaventura Ltd. Co., and Redondo Peninsula Energy, Inc.

The Atimonan project, whose PSA was filed in 2016, consists of two ultra supercritical coal-fired power plants with a capacity of 600 MW each. It was originally expected to be completed by 2021, but has since faced several regulatory issues. The company now looks to complete the project by the fourth quarter of 2025.

Meralco also has a PSA with St. Raphael Power Generation Corp., its joint venture with Consunji-led Semirara Mining and Power Corp. Meralco is also seeking approval for PSAs with Central Luzon Premiere Power Corp., Mariveles Power Generation Corp., Panay Energy Development Corp., and Global Luzon Energy Development Corp.

The high court ruling is viewed as a mixed bag, according to the sources interviewed by BusinessWorld.

DoE’s Mr. Fuentebella said the ruling is a welcome development in the power industry.

“While ensuring transparency, competitiveness, and reasonableness of the power supply cost, it will provide an opportunity to enhance the power supply agreements between the generation companies and distribution utilities that will eventually redound to the benefits of the electricity consuming public,” Mr. Fuentebella said.

For MGT’s Mr. Oplas, it is more of a net negative as this will further delay the construction of power plants.

“It is now 2019 and [the] SC wants to backtrack CSP ruling to PSAs made four years ago? ERC and SC should focus on enforcing CSP only to new PSAs,” the economist said.

Nevertheless, Meralco has said that they will respect the SC’s decision.

“Meralco respects, honors and abides by the SC ruling on [the CSP]. Moving forward, we will conduct CSP to ensure availability of quality, stable and cost-competitive supply in the country,” Mr. Zaldarriaga said.

“Meralco PowerGen, through its subsidiaries, will also work with all the concerned parties and agencies to ensure that planned power plants progress and to have these up and running as soon as possible,” he added.

So far, there are 19 private sector-initiated power plant projects in Luzon targeted to go online between this year and 2023, data from the Energy department as of end-2018 showed. These facilities are expected to have a combined committed capacity of 4,774.8 MW.

Meralco’s controlling stakeholder, Beacon Electric Asset Holdings, Inc., is partly owned by PLDT, Inc. Hastings Holdings, Inc., a unit of PLDT Beneficial Trust Fund subsidiary MediaQuest Holdings, Inc., has interest in BusinessWorld through the Philippine Star Group, which it controls.