Court lifts TRO blocking SOCOTECO II plebiscite on joint venture

The Regional Trial Court (RTC) Branch 62 here has cleared the way for member-consumer-owners (MCOs) of the South Cotabato II Electric Cooperative (SOCOTECO II) to vote on a proposed joint venture with IGNITE Power and Energy Holdings Inc. after lifting a temporary restraining order (TRO) that previously halted the plebiscite.

In a 12-page resolution dated Sept. 11, Judge Vicente Andiano granted SOCOTECO II’s motion to dissolve the TRO issued on Sept. 4 and denied an application for a writ of preliminary injunction filed by MCO Eugenio Mangilaya.

The court ruled that Mangilaya failed to establish a clear legal right for an injunction, dismissing allegations that the board lacked transparency when approving the conditional joint venture agreement (CJVA).

"What plaintiff offers is a conjecture presented as violation, and an injunction will not protect a right founded on nothing more than speculative claim," the court stated.

The court added that proceeding with the plebiscite would not cause irreparable injury because the CJVA remains conditional and subject to further final stages. It noted that if irregularities occur, legal remedies remain available to nullify the plebiscite or agreement later.

The decision dissolved the TRO, which had originally suspended voting on Sept. 5 and 6 and was previously extended through Sept. 24.

Following the ruling, SOCOTECO II announced that voting originally set for Sept. 12–13 will no longer proceed due to limited preparation time. However, plebiscite dates scheduled for Sept. 19–20 and Sept. 26–27 will move forward.

The court order coincided with rallies on Friday in General Santos City and Polomolok, where organizers estimated around 5,000 MCOs gathered to express support for the partnership. Proponents argued the venture will provide the capital and technical expertise necessary to rehabilitate the cooperative's aging infrastructure and resolve operational losses.

IGNITE Power is backed by Primelectric Holdings Inc. and MP Holdings Inc., owned by former senator Manny Pacquiao.

The deal has faced political opposition, notably from General Santos City Rep. Shirlyn Bañas-Nograles, who filed a House resolution seeking an inquiry into the partner selection process, and her brother, City Councilor Cesar Bañas Jr., who urged members to vote against it.

With the injunction denied, the final decision on whether to approve the CJVA rests with SOCOTECO II's member-consumers in the upcoming plebiscite legs.