DOJ Usec. Andres named ERC OIC

MANILA, Philippines — President Marcos has designated a justice undersecretary as officer-in-charge of the Energy Regulatory Commission (ERC) following the suspension of its chair Monalisa Dimalanta over a complaint filed by a consumer group.

Justice Undersecretary Hermogenes Andres, the executive director of the Inter-Agency Council Against Trafficking, was named officer-in-charge chairman and chief executive officer of the ERC, according to a Sept. 20 memorandum signed by Executive Secretary Lucas Bersamin.

The memorandum, which was addressed to Justice Secretary Jesus Crispin Remulla and Andres, said the designation was made “to ensure the continuous and effective delivery of public service.”

The memorandum took effect immediately and will remain in force until a replacement is designated or until otherwise directed by the Office of the Executive Secretary.

Dimalanta temporarily left the power industry regulator after the Office of the Ombudsman ordered a six-month preventive suspension against her for alleged grave misconduct, grave abuse of authority, gross neglect of duty and conduct prejudicial to the best interest of the service.

The suspension stemmed from a complaint by the National Association of Electricity Consumers for Reforms Inc. (NASECORE), which claimed that Dimalanta had permitted the Manila Electric Company to buy electricity from the Wholesale Electricity Spot Market and pass the charges on to consumers without securing the ERC’s approval.

According to NASECORE, which filed the complaint in November last year, Dimalanta had violated the Electric Power Industry Reform Act.

In an order dated Aug. 27, Ombudsman Samuel Martires said the evidence on record shows that the guilt of Dimalanta is “strong” and her continued stay in office may prejudice the case filed against her.

The preventive suspension without pay would stay until the administrative adjudication of this case is terminated, the ombudsman added.

Dimalanta, who was appointed to the ERC in 2022, has asked the Office of the Ombudsman to reconsider its decision.

At a recent media forum, she maintained that the grounds for her suspension are moot because the ERC has made a decision on the issue raised against her.