In a decision written by Associate Justice Ma. Lourdes P.A. Sereno, the Court’s Second Division did not give credence to the claim of petitioners—National Association of Electricity Consumers for Reforms Inc., Federation of Village Associations and Federation of  Las Piñas Village Association—that the ERC’s decision on December 14, 2009, approving a maximum average price for 2010 of P1.4917 per kwh is null and void, having been issued in violation of their right to due process.

“The court is of the opinion that considering the facts in this case, including all the events that occurred both prior to and subsequent to the issuance of the December 14, 2009, decision, the ERC did not deprive petitioners of their right to be heard,” it said.

The SC also junked the claim of the petitioners that some 4.3 million customers of Meralco stand to suffer “irreparable injury” if the ERC’s order was not stayed through a temporary restraining order.

(Joel San Juan)