PANAY ELECTRIC Co., Inc. (PECO) has filed its motion for reconsideration to an Iloilo court’s decision allowing MORE Electric and Power Corp. (MORE Power) to take over its assets. MORE Power has also promptly submitted an opposition and PECO has until Aug. 28 to reply. The case is now under Judge Daniel Antonio Gerardo Amular of the Iloilo City Regional Trial Court (RTC) Branch 37. In its motion for reconsideration filed Aug. 23., PECO cited that the Mandaluyong RTC Branch 209 ruled on July 1 that Sections 10 and 17 of Republic Act No. 11212, which granted MORE Power the congressional franchise to distribute electricity in Iloilo City, are “void and unconstitutional for infringing on PECO’s rights to due process and equal protection of the law.” PECO also said that the “unconstitutional provisions of RA 11212 confer no right upon MORE Power and its alleged right to take over PECO’s assets is legally inexistent.” On the other hand, MORE Power asserted in its opposition that there is already an established jurisprudence on the mater. “The established jurisprudence is that the moment there is an application for writ of possession and a deposit has been made, and the plaintiff was granted by law the power of eminent domain, it is a bounded duty for the expropriation court to grant the writ of possession.”— Emme Rose S. Santiagudo

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