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Freedom From Debt Coalition, et al vs ERC, MERALCO [CONCURRING AND DISSENTING OPINION, PUNO, 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

PUNO, J.:
 
The case at bar involves two purely legal issues, one substantive and the other procedural. The substantive issue is whether the Energy Regulatory Commission (ERC) has legal authority to grant provisional rate adjustments under the Electric Power Industry Reform Act of 2001 (EPIRA); the procedural issue is whether the grant by the ERC of the provisional rate adjustment to the Manila Electric Company (Meralco) was done in accord with section 4 (e), Rule 3 of the Implementing Rules and Regulations of the EPIRA law. The reasonability of the rate increase applied for by Meralco and...