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Freedom From Debt Coalition, et al vs ERC, MERALCO [CONCURRING AND DISSENTING OPINION, AUSTRIA-MARTINEZ, J.]

FREEDOM FROM DEBT COALITION, ANA MARIA NEMENZO, as President of:FREEDOM FROM DEBT COALITION, MA. TERESA I. DIOKNO-PASCUAL, REP. LORETTA ANN ROSALES (Party-List Akbayan), REP JOSE VIRGILIO BAUTISTA (Party-List Sanlakas), REP.RENATO MAGTUBO (Party-List Partido Manggagawa), Petitioners, versus ENERGY REGULATORY COMMISSION, MANILA ELECTRIC COMPANY (MERALCO), Respondents.

G.R. No. 161113 | 2004-06-17

CONCURRING AND DISSENTING OPINION

AUSTRIA-MARTINEZ, J.:
 
I concur with the majority opinion insofar as it rules that the petition should be granted, as the provisional order of November 27, 2003 was issued by the ERC with grave abuse of discretion. I do not agree, however, with its position that the ERC has the inherent power to provisionally grant an application for rate adjustment.
 
FIRST ISSUE
 
WHETHER OR NOT THE ERC HAS THE LEGAL AUTHORITY TO GRANT PROVISIONAL RATE ADJUSTMENTS UNDER THE EPIRA

The ERC’s authority to fix rates is a non-issue in this case. The power to fix temporary rates, however, is.

The thrust of...