Case Digest (G.R. No. 254440)
Facts:
Independent Electricity Market Operator of the Philippines, Inc. v. Energy Regulatory Commission, G.R. No. 254440, March 23, 2022, the Supreme Court Second Division, Zalameda, J., writing for the Court.Petitioner Independent Electricity Market Operator of the Philippines, Inc. (IEMOP) seeks a writ of mandamus under Rule 65 to compel respondent Energy Regulatory Commission (ERC) to act upon IEMOP’s Market Fees Application for Calendar Year 2021. The dispute arises from the transition of the Wholesale Electricity Spot Market (WESM) Market Operator function from the Autonomous Group Market Operator (AGMO) represented by the Philippine Electricity Market Corporation (PEMC) to an Independent Market Operator (IMO), IEMOP, pursuant to DOE Department Circular No. DC2018‑01‑0002 and the PEMC‑approved IMO Transition Plan.
Chronology: PEMC and TRANSCO effected WESM operations and, following DOE policy, PEMC’s Board approved an IMO Transition Plan in February 2018. IEMOP was organized as the IMO, and on 19 September 2018 PEMC and IEMOP executed an Operating Agreement effecting the transfer; IEMOP assumed market operator functions on 26 September 2018. On 18 August 2020 IEMOP filed with the ERC its Market Fees Application with pre‑filing documents under the ERC Rules. On 1 September 2020 the ERC, by e‑mail from its Market Operations Service, “returned” the filing and stated PEMC should be the applicant and attached a pre‑filing checklist. IEMOP submitted additional documents on 28 September and 12 October 2020 and requested issuance of a technical certification; multiple follow‑up letters (Nov. 2020–Jan. 2021) went unanswered.
IEMOP filed the instant petition on 11 December 2020 alleging unlawful neglect. The ERC, through the Office of the Solicitor General, filed a Comment on 24 May 2021 after extensions, asserting the ERC had acted by returning the application for documentary deficiencies and that PEMC remained the Market Operator. IEMOP replied and filed a Supplemental Petition (15 June 2021), reporting an ERC letter ...(Pro-only)
Issues:
- Does the Supreme Court have jurisdiction to entertain the petition under Section 78 of the EPIRA?
- Is a writ of mandamus proper to compel the ERC to act on IEMOP’s Market Fees Application (i.e., are the requisites for mandam...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)