MANILA – The Court of Appeals (CA) has ordered Energy Regulatory Commission (ERC) Chairperson Monalisa Dimalanta to inhibit from the resolution of the National Grid Corporation of the Philippines' (NGCP) rate reset application.

The 22-page ruling of the CA Special 11th Division stemmed from the petition for certiorari filed by NGCP in July 2024, saying Dimalanta prejudged the 4th regulatory period reset process based on her statements in October 2022.

NGCP has argued that Dimalanta made the statements even before the application was filed.

The ruling also showed that ERC denied NGCP’s urgent motion to suspend the proceedings filed in February 2023 for lack of merit.

Dissatisfied, the NGCP filed nine motions for reconsideration and motions to resolve in the following months, which sought to suspend the proceedings and inhibit her from the process, wherein the appellate court said ERC “failed to act” on these.

“In fact, the motion for reconsideration has been pending with respondent since April 20, 2023, and remains unresolved at the time of filing of the instant petition on July 5, 2024,” the decision promulgated on April 30 read.

This was why the CA Special 11th Division said Dimalanta “committed grave abuse of discretion in refusing to inhibit from the 4th regulatory RP proceedings.”

“She neglected to resolve petitioner's motion for reconsideration for an unreasonable period of more than one year, despite petitioner's filing of nine motions to resolve the same,” the ruling read.

PREJUDGMENT?

The NGCP also cited Dimalanta’s statements aired by the media, which hinted that transmission charges will be reduced following the rate reset.

“It is apparent that respondent had already prejudged the result of the reset application proceedings well before petitioner filed the same and presented any evidence,” the ruling read.

“Through her public statements, she conditioned the mind of the public that the ERC would order the reduction of petitioner's transmission charges,” the ruling read.

“Respondent could not be expected to render a fair judgment when she already has an outcome in mind, waiting only to be formalized after petitioner undergoes the charade of a formal hearing,” it added.

In a message to ABS-CBN News, Dimalanta said she has yet to officially get a copy of the decision.

“I have not reviewed it yet,” she said.

The ERC official earlier said the rate reset review for NGCP has been delayed for several years due to internal issues, including appointment problems and suspensions.

ERC eyes to complete NGCP rate reset by Q1 of 2024

The fourth regulatory period covers 2016 to 2022.

Dimalanta in February said the commission en banc already began deliberations on the NGCP's fourth regulatory period rate reset last January.

ERC to complete rate reset of NGCP by February, Meralco by June

She cited the volume of comments they received that need to be analyzed on why they need ample time for review.

ERC Commissioner Catherine Maceda in February,  meanwhile, noted the delays started in the last quarter of 2016, when Meralco failed to publish the draft rules for the fourth regulatory period.

Meralco said it had issues with the draft rules, which it claimed it raised with ERC.

In February this year, lawmakers approved a motion calling for an audit on the ERC during the lapse period to determine what caused the delays in the rate reset process.

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