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Different government agencies seem to be circling their forces
around the Manila Electric Co. (Meralco).
Solicitor General Agnes Devanadera said Sunday
her office is ready to help the Government Service Insurance Service
(GSIS) get back the P14-billion in unrefunded meter deposits
collected by Meralco from its customers.
But the solicitor general said her office will
not interfere in the affairs of Meralco, as the company faces a
showdown Tuesday between the Lopez group, which has controlling
interest, and the GSIS chief Winston Garcia, who wants new
management to take over. (See related front-page story.)
“The GSIS has its own board, and we cannot
just intervene in their affairs,” Devanadera said. “But if they
would seek our assistance, we could file a case; but Garcia must
first resolve the matter among themselves in their [Meralco]
board.”
“But Mr. Garcia can go to court if he sees
there’s a basis for filing an estafa case,” she added. “They [GSIS]
have investments in Meralco. Besides, this is a public interest.
We’re not included in the GSIS, so unless Mr. Garcia specifically
tapped us for that purpose, we can’t file a case against Meralco.”
Palace prods GSIS
Presidential Legal Counsel Sergio Apostol said
Garcia should file a large-scale estafa case against Manuel Lopez
for misusing the P14-billion meter deposits collected by Meralco.
“He should go to court,” Apostol said
referring to the GSIS chief. “Lopez should come out clean on this
issue, because this is public interest. They are accountable to the
people.”
Garcia could seek a judgment of execution from
the Energy Regulatory Commission, since it had ruled in 2004 for
Meralco to stop collecting the deposits.
Apostol said they cannot predict the outcome of
Meralco’s stockholders’ meeting this week—whether the Lopez
family will be ousted from management during the elections by
proxies of the small stockholders in the company.
“We [Malacañang] cannot interfere in
inter-corporate matters, but we expect Mr. Garcia to give his best
in protecting the interest of his clients in the GSIS,” he said
referring to the 25-percent stake of the GSIS in Meralco.
The First Philippine Holdings Corp., the Lopez
family’s representation in the company, holds around 33.5-percent
shares. They have to gain support from the remaining 40 percent
shareholders to retain control of management, which is led by Manuel
Lopez, Meralco’s chairman and chief executive officer.
Apostol said the Palace will respect the results
of the stockholders’ meeting.
“Our main concern is to reduce the power
rates,” he said. “We don’t interfere in the actions being
undertaken by Winston [Garcia].”
The Philippines is reportedly second to Japan to
have the most expensive power rates in Asia. Meralco is one of the
country’s largest power distributors with a franchise area of
9,337 square kilometers in 25 cities and 86 municipalities.
Albano: ‘I’m clean’
Rodolfo Albano, chairman of the Energy
Regulatory Commission, said he is willing to return his earnings
from government service if the Office of the Ombudsman can prove he
conspired with Meralco to allow it to make illegal charges to
consumers.
Albano, whose term ends in July, told The Manila
Times that he was shocked by the plunder charges filed against him.
“I became a congressman, vice governor and a
judge, but I did not take advantage of it [the positions] against
the government,” he said. “I am willing to surrender all of my
benefits if the Office of the Ombudsman can prove that I plundered
people’s money.”
Earlier Tuesday, a five-page complaint-affidavit
filed by consumer groups accused Albano, along with past and present
members of the agency, of violating Republic Act 7080 or the
Anti-Plunder Law, of fraud, economic sabotage, large-scale estafa,
and violation of the Anti-Graft and Corrupt Practices Act. Included
in the charges were Meralco Chairman Lopez, the Lopez Group of
Companies Chairman Oscar Lopez, Director Eugenio Lopez 3rd, Meralco
President Jesus Francisco, Senior Vice President Ireneo Acuna and
Treasurer Rafael Andrada.
The complainants were led by Ang Puwersang
Pilipinong Inaapi Chairman Alberto Ong Jr., who was joined by
Alyansa ng Koalisyon Uno at Overseas Filipino Workers, Bagong Bayani
Organizations, Alliance of Concerned Young Builders Organization,
Council of Commonwealth Affairs, National Federation for Peace in
Muslim Mindanao and several other multisectoral groups.
They alleged that Meralco and the agency
conspired to get P30 billion from illegally collected charges for
three and a half years.
The complaint contends that the money is
considered as public funds in the nature of income taxes.
The complainants argue that the expanded
value-added tax (E-VAT) on system losses, which Meralco has been
charging to its consumers from 2006 to 2007, amounts to about P4
billion.
-- Angelo S. Samonte and Jomar Canlas
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