Palace to enforce suspension order vs 4 ERC commissioners

July 5, 2018

The Office of the President is set to implement the three-month suspension order against four commissioners of the Energy Regulatory Commission on Friday.

"Got confirmation, OP will execute suspension tomorrow," said Presidential Spokesperson Harry Roque said in a text message to reporters.

Despite the order of the Office of the Ombudsman, ERC Commissioners Alfredo S. Non, Gloria Victoria C. Yap-Taruc, Josefina Patricia M. Asirit and Geronimo D. Sta. Ana refused to serve the suspension order.

According to their lawyers, while there is no temporary restraining order issued by the Court of Appeals, there was also no directive from the Office of Executive Secretary Salvador Medialdea to implement the suspension order.

"The 4 commissioners will stand ready to comply with the directive if one is issued and served upon them. If they will abandon their office, then, that constitutes abandonment of office, which is a crime. The Decision of the OMB is clear that the implementation of the suspension is coursed through the OP," said Rolando Faller, the legal counsel of the ERC commissioners.

But Roque said, "Preliminarily, of course defense counsel will say that!"

He said there could not be abandonment when there is a legal suspension order.

"Is it stated in the Order that OP should enforce?," he said.

The four commissioners were ordered suspended after being found guilty of simple misconduct for allegedly allowing the co-mingling of the bill deposit with the capital or operation cost of Meralco despite its finding they are not criminally liable for estafa. CelerinaMonte/DMS