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SOUNDING BOARD
Tuesday, April 22, 2003
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Meralco asks Supreme Court to revisit ruling of its third division

In a motion filed on 16 April 2003, Manila Electric Co. (Meralco) asked the Supreme Court to modify its refund order to cover only one year instead of the four years stipulated in the original ruling. Meralco vice president Elpi Cuna said Monday that the filing of the motion was Meralco's last resort. Meralco warned that it would go bankrupt if it were to refund its customers in full, which according to its own estimates, vary from 8 to 28 billion pesos (US$ 160 million to US$ 560 million valued at US$ 1:Php 50).

In an April 9 resolution, the third division of the Supreme Court 'denied with finality' Meralco's motion for reconsideration of a decision dated Nov. 15, 2002, that found Meralco had overcharged its customers. "Public utilities cannot be allowed to overcharge at the expense of the public and worse, they cannot complain that they are not overcharging enough," the court ruled (INQ7.net 10 April 2003).

The Supreme Court is often called the 'Court of Last Resort' since decisions and resolutions issued by it with finality may no longer be appealed. Meralco lawyers may have filed the motion on the technical argument that it was the third division that issued the resolution and not the whole Supreme Court. True enough, the decision of the third division is not yet final and executory. Meralco is entitled to file a motion for reconsideration within 15 days after the decision of the third division. Meralco's motion will be deliberated by the Supreme Court en banc. Then it gets to be REALLY final.


posted by Allan at 8:25 AM (GMT+8)
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