ERC chief yields, serves freeze order

The ball is now with the Office of the President to expedite the appointment of an officer-in-charge (OIC) who would take over as Energy Regulatory Commission (ERC) head while chairperson Monalisa Dimalanta serves a six-month suspension. 

In a statement on Monday, the ERC confirmed that Dimalanta started a preventive suspension yesterday morning to comply with the Ombudsman’s order.  

“In compliance with the Order, Dimalanta immediately ceased to perform her functions as chairperson and chief executive officer of the ERC. All operations of the agency continue to function, to the extent possible and as required by the exigencies of service,” the statement read.  

“In the Order by the Ombudsman, it directed the Office of the Executive Secretary of the Office of the President to implement the suspension and to appoint an OIC of the ERC,” it added.

Notably, Dimalanta has yet to receive a copy of the complaint filed against her, despite the matter being circulated in the news since last week.  

“The Order does contain some allegations of the complaint, without providing, however, any statement as to the evidence submitted by Complainant that became the basis for the issuance of the preventive suspension Order,” the agency said.  

Review ongoing

Dimalanta and her legal team are currently reviewing the situation to pursue all available legal remedies under the circumstances.

In a separate statement, the Philippine Chamber of Commerce and Industry, the Philippine Exporters Confederation and the Employers Confederation jointly warned that Dimalanta’s suspension may lead to disruption in the sector, which may impact consumers, businesses, and producers. 

“This decision along with other recent decisions by the judiciary puts at risk the trust, independence and authority of the ERC. Regulators are essential to fostering an environment where investors will invest, consumers are protected and economic growth is sustainable,” the joint statement read.

“We advocate for a swift and transparent resolution of the suspension to restore the integrity of the ERC and its Commission, so that it may continue its mission to enforce energy regulations on behalf of Philippine consumers, businesses and energy investors,” it added.

Some of the key achievements of the ERC under the leadership of Dimalanta include the initial reset of transmission and distribution rates for ERC’s regulated entities, the integration of ERC processes into the Energy Virtual One Shared System, and the issuance of revised rules and guidelines for Certificates of Compliance and the Competitive Selection Process.

“On behalf of the business sector, energy investors and consumers alike, we express our concern over the 6-month Ombudsman suspension order. It may lead to a disruption in the workings of the ERC, which may impact consumers, businesses and producers alike. This decision along with other recent decisions by the judiciary puts at risk the trust, independence and authority of the ERC. Regulators are essential to fostering an environment where investors will invest, consumers are protected and economic growth is sustainable,” the group’s statement read.