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ERC to Consider Petitions to Intervene as Oppositions in its MERALCO PSA Decisions

Following the denial of the respective Motion/Petition/Request for Leave to Intervene filed by Mr. Romeo Junia, Ms. Fe Bait,et. al., and Mr. Uriel Borja, the Energy Regulatory Commission (ERC) clarified that it will consider the former’s manifestations in the final resolution of the Manila Electric Company’s (MERALCO) Power Supply Agreement (PSA) petitions.

“For filing out of time, the Petitions for Intervention will be treated as Oppositions, instead, to the subject MERALCO PSA applications”, ERC Officer-In-Charge Alfredo J. Non explained.   

The ERC Rules of Practice and Procedure (RPP), particularly in Section 2, Rule 9 thereof, provides that Petitions for Intervention must be filed with the ERC at least five (5) days before the date of hearing.  

The ERC resolved to treat the Petitions for Intervention as Oppositions, considering the length of time that had already elapsed after the initial hearing of the subject MERALCO PSA applications has been conducted.  Mr. Junia and Ms. Bait, et. al. filed their respective petitions seven (7) months after the initial hearing, while Mr. Borja filed his petition nine (9) months after the initial hearing on the subject MERALCO PSA applications.  

Alternatively, Mr. Junia, Ms. Bait, et. al., and Mr. Borja will be considered as oppositors which will allow them to file their oppositions or comments on the subject case at any stage of the proceedings before MERALCO rests its case.  Their oppositions and/or comments shall be considered in deciding said cases.  

“The ERC Rules of Practice and Procedure is explicit and must be observed.  We believe the ERC has been very liberal and has accorded due process to anyone who wishes to participate in any case or proceedings.  In this case, we will allow the belated oppositors and accept their manifestations to be considered in the final resolution of the case”, ERC OIC Non added.  


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