Uncertainty of power

While it may not seem like that big of a deal to a wide majority of Filipino citizens who continue to defend the many twists and turns President Duterte continues to make during his presidency, the state of his health is a matter that could affect us all. This is coming on the heels of the president admitting to having recently been to the hospital to have a colonoscopy and endoscopy anew.

I wrote previously that we never seem to know for certain what is with the president and this rings true once again as presidential spokesperson Harry Roque and those closest to the Commander-in-Chief denied that President Duterte was unwell or had any health concerns, only for the president to admit not long after that he had to go back to the hospital to repeat tests he took three weeks prior.

For any ordinary citizen this may seem like a small thing (although repeat tests are never a good thing in my experience). However when it is the president you are talking about that all changes. Unfortunately part and parcel of the job description is that the public has the right to know when health issues or illness could potentially affect their leader.

After all, the right of Filipinos to be informed if the president is seriously sick is part of the 1987 Constitution. We all deserve to know if the president’s decisions or actions could potentially be marred or influenced by his health. For now, the president has promised that he will swiftly inform the public if it’s cancer – going so far as to say that if it is Stage 3 or beyond that he would forego treatment and step down. But then again, he has discussed stepping down many times before so I’d take that with a grain of salt.

In either case, amidst the uncertainty (these aren’t the first rumors about the president and potential illnesses) all we can do is wish the president continued good health and trust that he will keep his word about being transparent about it moving forward. Hopefully, those around him do the same.

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Speaking of power uncertainty, there is a figurative and literal power tug-of-war happening right now regarding operation of the single legislative electricity distribution franchise for Iloilo City. The applications of two interested parties are in the House of Representatives, which is set to conduct plenary debates on the issue.

At present, it appears as though it’s just a matter of time before Panay Electric Co. (PECO), which has been the electric distributor in Iloilo for nearly a century, loses its business and franchise to More Minerals Corp. (MMC) – a mining company reputedly owned by billionaire Enrique Razon that, up to this point, has no experience in the electricity distribution business nor the physical assets necessary to do it. And while this may seem like an odd decision (why grant a legislative franchise for power distribution to a company that doesn’t specialize in that field and has no existing resources to do the job?), a legislative decision could make it a reality very soon.

Despite PECO applying for franchise renewal over a year in advance the franchising committee sat on their application. However, House Bill 8123, which was filed by Paranaque Rep. Gus Tambunting in July for the franchise to be given instead to MMC, was approved for plenary in one month.

MMC would have to start from ground zero as a power distributor. Nonetheless the House of Representatives is poised to give them the franchise requiring them to scramble for power distribution infrastructure by January 2019 when PECO’s franchise expires.

There is no time to create these extensive assets from scratch and PECO retained lawyer – Atty. Manases Carpio, lawyer-husband of presidential daughter and Davao mayor Sara Duterte Carpio – has expressed concerns that a provision in the current adopted House Bill 8302 (replacing original 8123) could open the doors to a forcible takeover by MMC of PECO’s existing assets using the “Right of Eminent Domain.”

This section of the adopted bill could effectively give the grantee (MMC) the right “to acquire such private property as is actually necessary for the realization of the purposes for which this franchise is granted.” Carpio contends that this contains an unconstitutional provision to give a private company the authorization to exercise eminent domain power, meaning that should MMC get the franchise and PECO decline to sell their assets that the former could just take them. This sets a very dangerous precedent.

As it stands, it seems that the fate of the future of power distribution in Iloilo City rests in the hands of Congress. In a bid to promote a fair trail, Carpio has reached out to former president, Pampanga congresswoman, and Speaker of the House Gloria Macapagal-Arroyo to not rush granting the franchise without proper due diligence as to what is legal and fair and in the best interest of the citizens of Iloilo.

The clock is ticking. And with less than three months before the expiration of PECO’s franchise, citizens of Iloilo and PECO workers (who stand to lose their jobs and livelihood) remain uneasy about their future. Should Speaker Arroyo not heed repeated calls for fair treatment, Carpio said he feels compelled to elevate his client’s cause to the Upper Chamber and hope that the Senators would be more open-minded and choose to look at the situation from all possible angles before making a decision.

Should the issue not be resolved before next year, Iloilo could potentially face a legitimate power crisis.