Malampaya group’s legal challenge decried

MANILA, Philippines — Consumer lawyer Paris Real has strongly criticized the Malampaya consortium for its move to seek a temporary restraining order (TRO) from the Taguig Regional Trial Court on Meralco’s 600-megawatt and 40-MW competitive selection process (CSP).

The CSP is intended to ensure additional supply to meet the needs of consumers starting next year.

Real, one of the intervenors in the case who was arguing on behalf of electricity consumers, pointed out that the least cost cannot be sacrificed to favor business interests at the expense of consumers.

He said the jurisdiction for addressing issues in the energy sector falls solely on the power regulator.

“It was clearly established from the hearing that the Energy Regulatory Commission, not the regional trial courts, has original exclusive jurisdiction to hear cases between participants in the energy sector. The ERC also has authority to issue cease and desist orders, if warranted,” he said.

Moreover, Real also hit the Malampaya consortium for stopping a bidding where it is not a direct participant.

“In this case, plaintiffs are not generation companies but explorers/producers of gas. As such, they have no legal personality to question a bidding process that only generation companies can participate in – especially one that the bidders themselves, including clients of petitioners, are not questioning,” he said.