THE Office of the Ombudsman (OMB) has ordered the suspension anew of the four controversial commissioners of the Energy Regulatory Commission (ERC), this time for simple neglect of duty for tolerating Manila Electric Co.’s misuse of bill deposits by allowing its commingling with Meralco’s capital or operation cost.
In a 14-page resolution, Graft Investigation and Prosecution Officer III Cherry Bautista-Bolo recommended the suspension of ERC Commissioners Alfredo S. Non, Gloria Victoria C. Yap-Taruc, Josefina Patricia M. Asirit and Geronimo D. Sta. Ana for three months.
Bolo’s recommendation was approved by Overall Deputy Ombudsman Melchor Arthur Carandang.
The suspension stemmed from the syndicated estafa complaint filed by consumer group National Association of Electricity Consumers for Reforms Inc. (Nasecore) against the four ERC commissioners in connection with the alleged unauthorized use by Meralco of the bill deposits of customers, and the unjust fixing of its interest rates and the noncrediting thereof in favor of the consumers. While the Ombudsman found the respondents not liable for estafa or misappropriation of funds relative to the management of bill deposits, it held that the four ERC commissioners failed to strictly implement the rules defining the nature of bill deposits as “mere guarantee in payment of bills,” which must be returned upon termination of the distribution utilities service.
Meanwhile, the ERC on Sunday questioned the suspension order issued by the OMB against the four ERC commissioners, saying it wrongly ruled the agency allowed the misuse of bill deposits.
ERC lawyer Rolly Faller said the ERC has put in place several regulations on bill deposit to protect the public and, in fact, is in the process of reviewing them given that new ERC chairman Agnes Devanadera has just assumed office.
“The basis of OMB case is the alleged inaction of the ERC on the bill deposit. I wish to inform you that there is no truth to that. While OMB said in its decision that the bill deposit may be used by the distribution utilities such as Meralco and therefore no crime of estafa was committed by Meralco officers and the four commissioners, OMB wrongly ruled that they allowed its misuse. How can there be misuse if OMB said that use of bill deposit is legal?” Faller replied via text message when asked to comment on the May 18 suspension order.
Faller, who is speaking on behalf of the agency, said the suspension order is now the subject of a petition filed with the Court of Appeals. “We will await the action of the CA on our request for the temporary restraining order.”
The Ombudsman’s decision dated May 18, 2018 stemmed from a complaint filed by the Nasecore for syndicated estafa and grave misconduct against officials of Meralco and the ERC commissioners.
This is the second time in the past seven months the OMB found the ERC commissioners administratively liable for failing to fulfill their duty to protect the interests of the consumers.
With Lenie Lectura