Republic of the Philippines

ENERGY REGULATORY COMMISSION

A world class and independent electric power industry regulator that equitably promotes and protects the interests of consumers and other stakeholders, to enable the delivery of long-term benefits that contribute to sustained economic growth and an improved quality of life.


ERC ASSERTS JURISDICTION OVER COMPETITION CASES IN ENERGY

The Energy Regulatory Commission (ERC) asserted its jurisdiction over competition related matters under the Republic Act No. 9136, or the Electric Power Industry Reform Act (EPIRA) OF 2001. This was presented in a recent ruling of the ERC on a motion filed by the Manila Electric Company (MERALCO) seeking to dismiss a case where the latter claimed that the jurisdiction of the ERC had been repealed by Republic Act No. 10667 or the Philippine Competition Act (PCA), and consequently conferred the exclusive jurisdiction to the Philippine Competition Commission (PCC). 

In its Order  dated 02 February 2017 (in ERC Case No. 2015-025 MC), the ERC clarified that both the PCC and the ERC exercise concurrent jurisdiction over anti-competitive cases in the energy sector. ERC stated that the enactment of the PCA, similarly granted the PCC jurisdiction over anti-competitive cases in all industries, which include the energy sector, at which point the jurisdiction granted to the ERC ceased to be exclusive.  As such, both the PCC and the ERC may now exercise jurisdiction over anti-competitive cases in the energy sector in a concurrent capacity.     

The ERC further explained that it had already acquired jurisdiction over the case prior to the enactment of the PCA.   Consequently, where concurrent jurisdiction exists in several tribunals, the body that first takes cognizance of the complaint shall exercise jurisdiction to the exclusion of others2.  In other words, the agency where the complaint was first filed is that which first acquired jurisdiction over the case, and, therefore has the authority to proceed and decide the case to the exclusion of other agencies granted with the same jurisdiction.

 “We maintain that despite the broad authority given by the Competition Law to the Philippine Competition Commission over anti-competition cases in all industries, it did not affect nor diminish the jurisdiction already acquired by the ERC,” ERC Chairman and CEO Jose Vicente Salazar said.

 

Today at ERC
Wednesday, July 26, 2017

Hearing Schedules
Time:
10:00
Case No.:
2011-0156-CC 
Applicant:
Enrique S. Tuano
Venue:
ERC Conference Room, 10th Floor, Pacific Center Building, San Miguel Avenue, Pasig City
Title:
Enrique S. Tuano vs. Manila Electric Company
Time:
10:00
Case No.:
2014-035-CC 
Applicant:
Gabina P. Punsalan
Venue:
ERC Conference Room, 10th Floor, Pacific Center Building, San Miguel Avenue, Pasig City
Title:
Gabina P. Punsalan vs. Manila Electric Company
Time:
14:00
Case No.:
2016-003-CC 
Applicant:
Victor Aguilar Jr./ Maricel Napal
Venue:
ERC Conference Room, 10th Floor, Pacific Center Building, San Miguel Avenue, Pasig City
Title:
Victor Aguilar Jr./ Maricel Napal vs. Manila Electric Company
Time:
14:00
Case No.:
2009-142-CC 
Applicant:
Andrea T. Chavez
Venue:
ERC Conference Room, 10th Floor, Pacific Center Building, San Miguel Avenue, Pasig City
Title:
Andrea T. Chavez vs. Manila Electric Company
Time:
9:00
Case No.:
2017-005 RM (CANCELLED) 
Applicant:
NGCP (CANCELLED)
Venue:
ERC Visayas Field Office, St. Mary’s Drive, Banilad, Cebu City - CANCELLED
Title:
Petition for the Approval of Amended Ancillary Services Procurement Plan - (CANCELLED)

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