“The message of the DOJ is that the rich cannot take advantage of the poor just because the victims do not have the money for the filing fees.”
by Ducky Paredes
The Department of Justice (DOJ) has filed a case of “syndicated estafa” against 17 officials of the Manila Electric Company (Meralco) led by its board chair and chief executive officer Manuel “Manolo” Lopez. This is a non-bailable crime, which means that the Pasig Regional Trial Court (RTC) should soon be issuing a warrant of arrest for these 17 millionaires.
If even a former president was charged with a similar non-bailable offense and a senator charged with another non-bailable offense continues to rot in a military detention, a test of our justice system is whether these white collar suspects will also suffer the same fate. The test is whether it is one law for all except for the very rich who stand accused in the P899-million Meralco estafa case.
As the DOJ did not recommend bail for the accused, they should also be jailed if only to affirm the tenet of justice that no one is above the law.
Was there any bias on the part of DOJ Secretary Raul Gonzalez, because he allowed the filing despite the fact that the complainant, National Association of Electricity Consumers for Reforms, Inc. (NASECORE), a consumer advocacy group that has been at the forefront in raising nationwide awareness and consumer education on electricity issues, was exempted from paying the filing fee in this case?
It was President Ramon Magsaysay who said “those who had less in life should have more in law.”
The message of the DOJ is that the rich cannot take advantage of the poor just because the victims do not have the money for the filing fees, specially that the NASECORE complaint is imbued with public interest, since it is the people who would profit from the judgment.
The travesty of justice would be the Lopezes laughing their way to the bank with P899 million representing the interest earned of Meralco customers’ bill and meter deposits, just because the aggrieved consumers could not pay the P8.9 million filing fee.
The real issue here is that Meralco has been using all tricks in the book to, first, overcharge its customers, and secondly, delay any refund arising from such overcharging.
What immediately comes to mind regarding this is the P30 billion of Meralco’s income which it passed on to consumers for the longest time – from 1994 to 2002 – until the Commission on Audit (COA) discovered the anomaly and the Supreme Court ordered Meralco to refund the same.
This is the reason why Meralco is doing everything to delay COA in auditing its financial statements and records, in line with a separate 2006 SC order in the case Meralco vs. Genaro Lualhati et al (GR No. 166769).
In that decision, the SC approved Meralco’s 2003 provisional rate increase on the condition that Meralco would justify it by way of an audit by COA.
Now, Meralco is delaying the audit, probably afraid not only of failing to justify the increase, but also unwilling to put under public scrutiny its “sweetheart deals” with Lopez companies like IPPs First Gas and First Gen.
The P899 million, according to NASECORE, was declared by Meralco as income in its 2007 submissions with the Securities and Exchange Commission, instead of holding the same in trust.
The smoking gun was provided by Meralco itself. All that NASECORE had to do was read the financial statements that the company submitted to the SEC. Case closed.
* * *
We have a letter sent to Chairman Bernardino Abes of the Government Service Insurance System (GSIS). I am including this in my column only to help the petitioner get the attention of whoever needs to act on this at the GSIS:
“I am seeking your assistance with a requirement my 88-year old mother-in-law in Alberta, Canada, Severina Paca, is being asked by Service Canada to submit in connection with her Old Age Canada pension. As the attached communication from Service Canada states, they need to know how much pension Severina Paca has received from the GSIS from 1997 to date.
“She has asked my brother-in-law in Quezon City, Romeo Paca, to request this from GSIS in Manila, but there seems to be a delay in obtaining this time-sensitive Canadian government requirement. I am now trying to help her get the information needed by asking your intercession.
“We would very much appreciate your assistance. More power to you and best regards. – Jojo Taduran Toronto, Ontario, Canada (www.ugnayan.ca)
(Copies of the letters to GSIS were attached to his e-mail, which I will also send to the GSIS via e-mail. I wrote back to Jojo: I am using your letter in my column but if you go to www.gsis.gov.ph, all you need is her GSIS number to inquire about how much money she has received. You should be able to get the information!)
* * *
While Senator Richard Gordon would like to ban all surveys regarding voter preferences for President in the 2010 elections (in case that election will actually push through), Senate President Many Villar is probably pretty pleased with the latest Social Weather Stations survey.
Villar’s rating rose to 25 percent in June compared to 17 percent last March, an increase of eight points. This places Villa at third among the other prospective presidential candidates.
Vice President Noli De Castro had 31 percent, but Noli’s rating went down by four points from 35%. Sen. Loren Legarda, who placed second, dropped four points from 30 percent last March.
This means that Loren and Manny are statistically tied since their difference is less than the plus or minus 3% usual margin of error in nationwide surveys.
Sen. Panfilo Lacson’s rating, increased, too, but only by four points from 12 percent last March to 16 percent in June, putting him in fourth place.
Sen. Francis Escudero also dropped five percent to 14 percent and Sen. Mar Roxas lost three points to just 13 percent in the latest survey.
Even ex-President Joseph Estrada lost three to end at 11 percent.
Compared to the five top leaders of the country—the President, the Vice President, the Senate President, the Speaker of the House of Representatives and the Chief Justice of the Supreme Court, Manny Villar was the “most preferred.”
Writing on the wall or, as Dick Gordon would prefer, just a statistical glitch?
# # # #
hvp 08.28.08)
One Comment
Sir, I’d like to comment on certain parts of your article.
You said: “The test is whether it is one law for all except for the very rich who stand accused in the P899-million Meralco estafa case.”
My question: Before this test, shouldn’t we test first if the accusation has basis and is valid?
You said: “The real issue here is that Meralco has been using all tricks in the book to, first, overcharge its customers, and secondly, delay any refund arising from such overcharging.”
My observations po: After researching all the sides, the overcharge was not Meralco’s fault but the effect of changes in the rules that only the Philippines had the drive to adopt, bus later reversed through another law (EPIRA). Also, ERC, in fact, released their decision only last June and their order is for January next year. The refund will start Nov this year. This doesn’t look as delaying to me.
You said: “What immediately comes to mind regarding this is the P30 billion of Meralco’s income which it passed on to consumers for the longest time – from 1994 to 2002 – until the Commission on Audit (COA) discovered the anomaly and the Supreme Court ordered Meralco to refund the same.”
My question po: Sir, this doesn’t appear to me a sound editorial statement. Would you like me to send you my research references on this matter?
You said: “The P899 million, according to NASECORE, was declared by Meralco as income in its 2007 submissions with the Securities and Exchange Commission, instead of holding the same in trust.”
My question po: Yes sir, this is NASECORE’s opinion. More recent facts, though, seem to be pointing in the other direction proving their opinion loosely founded. By saying the statement, are you saying that you hold the same opinion?
You said: “The smoking gun was provided by Meralco itself. All that NASECORE had to do was read the financial statements that the company submitted to the SEC. Case closed.”
My observation po: In light of what had been coming out lately, it appears to me that that is all that NASECORE did. I’d like someone to protect me, as a struggling electricity user, who has the emotional intelligence to wait before speaking, spend enough to dig out for more information, and understand the rudiments of basic accounting.
The case of NASECORE’s main representative with me is indeed closed. Yours po is being shaken. Sir, I’ve been reading you and I’m looking for more sound content. I’m just one young person and might not be important enough for you. In any case, thank you very much for helping me see more of you. May God bless you.
Post a Comment