THE Court of Appeals (CA) has junked the petition of the National Grid Corp. of the Philippines (NGCP) for exemption from paying the Supervision and Regulation Fees (SRF) imposed by the Energy Regulatory Commission (ERC).
In a 13-page decision penned by Associate Justice Ricardo Rosario, the CA’s Fourth Division dismissed NGCP’s petition for certiorari assailing the ERC resolution which denied its request for exemption from paying the SRF assessed against it under Statements of Account dated September 7, 2011 and July 19, 2010.
Associate Justices Amelita Tolentino and Leoncia Real-Dimagiba concurred in the cited ruling.
The case stemmed from an ERC order requiring the NGCP to pay the SRF for 2009.
The cited commission also has a pending petition for review before the Supreme Court asking for clarification from the tribunal on the issue of whether the NGCP is exempt from paying such fees.
In deference to the sub-judice rule, the ERC deemed it appropriate to await the SC’s final determination on the matter.
The NGCP filed its plea with the CA to seek redress arguing that it should be exempted from paying SRF.
However, the appeals court opined that the commission did not abuse its discretion when it ordered the NGCP to pay such fees.
It also held, “the rate of P1 per P100 used in the computation of the SRF had been reasonably explained by the ERC pursuant to its review of the Consumer Price Index.”