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AMID CA ‘OVERREACH’ ERC ready for battle
The Energy Regulatory Commission is ready to contest before the Supreme Court the decision of the Court of Appeals voiding the regulator’s rejection of the rate increase petitions of two San Miguel Corporation power generation firms. Legal pundits said the CA usurped the ERC’s authority in its ruling setting aside the regulator’s late 2022 decisions to dismiss the petitions of South Premiere Power Corp. and San Miguel Energy Corp. to increase prices. Others called the CA decision an “overreach.” The two San Miguel subsidiaries cited a “change in circumstances” for turning their backs on their fixed-priced contracts with Manila Electric Company. San Miguel disclosed on Wednesday to the Philippine Stock Exchange the favorable decision it had received from the CA’s 13th Division composed of Associate Justice Victoria Isabel Paredes, as chairperson; and Associate Justices Mary Charlene Hernandez-Azura and Florencio Mamauag Jr., as members. Speaking to reporters on Thursday, ERC chairperson lawyer Monalisa Dimalanta clarified that the CA’s decision was not yet final since, under the Electric Power Industry Reform Act, only the Supreme Court can issue a permanent injunction on rate hikes. “There is no computation yet of the rate hikes. The decision is not yet final, and we will still file a motion for reconsideration. If granted, that’s another discussion. If denied, we will go all the way to the Supreme Court. I have not yet foreseen any rate impact,” Dimalanta said. Dimalanta added that the ERC, through the Office of the Solicitor General, will need to confirm if the CA is legally allowed to issue a final decision on rate hikes. “The CA can review any factual matter related to any rate hike petition, but we still want to clarify if the CA can decide with finality because it will change everything in the (power) industry. Under the EPIRA, only the SC can issue a permanent injunction,” Dimalanta explained. Unfortunate ruling According to Dimalanta, the CA’s decision was “unfortunate and disconcerting,” but the ERC will continue to uphold the law to “protect consumers.” “The ERC hopes the CA will revisit the records of the case as well as the arguments of the parties and uphold the commission’s ruling,” the ERC chief said. Consumers will not yet feel any adverse impact from the CA’s reversal of the ERC’s rejection of the temporary rate hike petitions, Dimalanta added. However, for San Miguel Global Power or SMGP, the holding firm for SMC’s power ventures, the CA’s decision “upholds the constitutional mandate of due process that guarantees the right to be treated fairly and effectively by quasi-judicial bodies like the ERC.” “It is regrettable that the ERC’s unfair decision early on to reject our joint petition with Meralco for a temporary rate hike — despite proving to be the least cost option at the time for power consumers — resulted in consumers shouldering the burden of much higher electricity rates,” SMGP said in a separate statement on Thursday. Nonetheless, the company said it still looks to “forge even stronger partnerships with the government, consumers, and other key stakeholders to help shape a more resilient and sustainable energy landscape for all.” Meanwhile, Meralco Head of Regulatory Management Jose Ronald Valles said the company will reach out to the CA to clarify some matters regarding the decision. “There are some matters in the decision that we feel need to be clarified. We are consulting with our lawyers on the legal remedies available to us, including an appeal to the Supreme Court,” Valles said. The 13th Division of the CA reversed the order of the ERC that rejected the temporary power rate hike petition filed by San Miguel Energy Corp. or SMEC and South Premiere Power Corp. or SPPC and Meralco. The CA decision granted the consolidated petitions for certiorari filed by SMEC and SPPC. It also favored the joint motion of SPPC and SMEC for a price adjustment with provisional authority and/or interim relief in ERC Case No. 2019-081 and ERC Case No. 2019-083. Likewise, the appellate court made permanent the preliminary injunction issued in favor of SPPC. The rate hike petition stemmed from SMGP’s report that its Sual Coal and Ilijan Natural Gas power facilities logged combined losses of P15 billion from 2021 to date due to high prices. As such, it sought temporary and partial cost recovery relief only for the losses it incurred from January to May, through a power rate increase on its contract capacity under the power supply agreement with Meralco to be amortized for six months. CA gets flak Consumer group Power for People Coalition criticized the CA magistrates for favoring the Ramon Ang-led San Miguel Corporation. “The Court of Appeals is supposed to uphold the interests of justice and the people, but it failed to do both in its decision granting SMC’s petitions in its cases before the ERC,” Gerry Arances, convener of the Power for People Coalition, said in a statement on Thursday. In its PSE disclosure, SMC said the CA annulled and set aside the ERC order dated 29 September 2022 in ERC Cases 2019-081 and 2019-083 due to a “grave abuse of discretion amounting to lack or excess of jurisdiction.” The CA’s joint decision dated 27 June 2023, received by SMC through the Poblador Bautista Reyes Law Offices, granted the consolidated petitions for certiorari filed by SMEC and SPPC. Arances said the CA effectively released SMC from any consequences of breaking a contract “simply because it is not earning enough from a commitment it has made voluntarily.” “We hope that the court will reevaluate, and we will file a motion for reconsideration to give the justices another chance to live up to their name,” Arances said. It can be recalled that the two power companies, along with Meralco, appealed for a temporary rate hike under their 2019 power supply agreement to help them recover from the unprecedented hike in coal prices. The CA denied the petition of SMEC for a temporary restraining order, but it allowed a TRO and later a writ of preliminary injunction or WPI on the ERC decision to deny an increase in SPPC’s power supply agreement or PSA with Meralco. The CA then consolidated the two rate increase cases under the division that granted the WPI. In its report to the bourse, SMC bared that the CA also favored the SPPC and SMEC’s joint motion for price adjustments without prejudice to any further requests for price adjustments. The further request for adjustments would be for June 2022 onwards for SPPC, from June 2022 to 25 January 2023 or the date of writ of preliminary injunction; and for SMEC, from June 2022 to the date of the finality of the joint decision. The post AMID CA ‘OVERREACH’ ERC ready for battle appeared first on Daily Tribune......»»
Remulla: Proper case build-up needed before PNP raids
Justice Secretary Jesus Crispin C. Remulla wants the Philippine National Police to heed the advice of the Department of Justice to conduct case-build up first before pushing through with raids to arrest suspected criminal offenders and rescue possible victims. Due to the PNP’s failure to do proper case build-up, many pending cases can't be filed because of incomplete evidence, said Remulla. He pointed to the raid conducted by the PNP’s Anti-Cybercrime Group at the Hong Tai Compound in Las Pinas City where it allegedly rescued 2,714 Filipinos and foreigners from human trafficking. The PNP filed criminal cases before the DOJ against five Chinese nationals who were arrested for alleged violations of the anti-human trafficking law. They were identified as Li Jiacheng, Xiao Liu, Yan Jiayong, Duan Haozhuan and LP Hongkun. But the five suspects were released for further preliminary investigation. Remulla said the PNP now wants the DOJ to file cases despite the lack of evidence. Remulla bared that he intends to meet again with the PNP-ACG about the matter and will also talk to PNP Chief Gen. Benjamin C. Acorda Jr. The post Remulla: Proper case build-up needed before PNP raids appeared first on Daily Tribune......»»
Mental health advocacy crucial amid suicide spike among students — Gatchalian
Senator Win Gatchalian on Wednesday, 10 May said the number of suicide cases among students is spiking, thus, strengthening mental health advocacy is crucial. Citing figures from the hearings on mental health basic education, Gatchalian said about 2,147 attempted suicides have been reported in public schools—in just one school year. In the school year 2021-2022, about 404 students committed actual suicide. “One life is too many, Mr. Chairman. That’s why the Committee on Basic Education, which yours truly chair, conducted a hearing and will be close to sponsoring a bill that will go deeper into mental health and wellness programs of basic education institutions,” Gatchalian said in a public hearing. Gatchalian said it is mentioned explicitly in section 23 of the RA 11036 or an act establishing a mental health policy, that integration of mental health in the education system is mandatory, as prescribed in the law. “But if you read the law very carefully, it gave a broad framework on what to go into but in the detail of that programs, who will implement the program, what are the bottlenecks to implement programs are missing,” he stressed. Gatchalian bared the bill that his committee will be sponsoring “will serve a complementary bill to this particular law so that we can fully implement the bottlenecks, including the facilitation and implementation of mental health programs in the schools.” Of around 60,000 schools nationwide, only 1,000 registered guidance counselors are catering to thousands of basic education students. Gatchalian stressed there’s a massive shortage of individuals who will implement mental health programs in the schools. “Those are the features that will be included in our proposed law,” he said. The post Mental health advocacy crucial amid suicide spike among students — Gatchalian appeared first on Daily Tribune......»»
Gov’t studying bringing back pre-pandemic school calendar — Marcos
The government is looking into reverting the start of the school year's break back to March, President Ferdinand Marcos Jr. revealed on Monday. Marcos bared the plan in an online interview after the COVID-19 pandemic made the government move the summer school break from July to August. When asked if the government would change the summer break from June to July to March, Marcos said it would release its decision on the plan to change the summer break "very soon." "We are carefully studying the matter because many people are saying that it's okay to lift the restrictions since the lockdown is already over. Most schools have already resumed face-to-face classes, with only a few exceptions," Marcos said. "We have to consider the seasonal changes because that is a challenge when deciding whether to lift or not, as it is difficult to predict when the rainy season will start or when it will become hot," Marcos explained. With the hybrid system the government is implementing, which involves a combination of online and in-person classes, Marcos said many students are eager to attend their classes. However, Marcos mentioned that the slight increase in COVID-19 cases in certain areas should also be considered. Marcos further noted that the World Health Organization still considers Covid-19 a health emergency. Earlier reports indicated that the organization would review whether to lift the declaration of COVID-19 as a "public health emergency of international concern" during their meeting in May. The post Gov’t studying bringing back pre-pandemic school calendar — Marcos appeared first on Daily Tribune......»»
46% of Filipinos say will not vote in 2022 if COVID-19 cases in their barangays are high — poll
Nearly half of Filipinos say they will not vote in the upcoming national elections if coronavirus cases are high in their barangays, results of a Pulse Asia survey bared by a senator found. .....»»
Robredo: COVID-19 cases and deaths are not mere statistics
Vice President and opposition leader Leni Robredo said the country’s coronavirus cases and deaths are not mere statistics as it shows how COVID-19 pandemic has negatively affected every Filipino family. VP LENI ROBREDO (SCREENSHOT FRO VP LENI ROBREDO’S FACEBOOK VIDEO / MANILA BULLETIN) Robredo noted more people have to endure hardships that resulted from the weaker economy and continuous rise in the number of infections and deaths. “Conversely, as more people get sick because of COVID-19, so does the suffering of our people get prolonged. Many have died; they are not mere statistics,” she said. ”Each of them had a story, had a dream, has a family that mourns their loss. And as cases continue to rise, it becomes harder move forward towards a better normal,” she added. The vice president reminded the administration the pandemic is the root cause of these problems, and if it has a clear plan, Filipinos can overcome the challenges of COVID-19 and move forward. Robredo bared a comprehensive list of suggestions in a videotaped public address, dubbed “Message of Hope”, on her Facebook page. This was perceived by many as her own roadmap on how the country can recover from the ill-effects of the coronavirus pandemic. Her recommendations include a correct data regarding COVID-19, safety nets for affected families, tax incentives for companies, equitable and systematic provision of resources to hospitals. Robredo also batted for pooled testing and timely contract tracing, better wages of health workers, and harmonization of COVID-19 efforts of the public and private sector, among others, instead of just waiting for a vaccine to become available. The opposition leader said she supports the government’s P31-billion “Plant, Plant, Plant” program that will be implemented nationwide to benefit farmers, fisherfolks, and consumers. This program mentioned by President Duterte during his last Monday’s State of the Nation Address (SONA) falls under the “Whole of Nation” approach, which Robredo said she is also supportive of. “We support the whole of nation approach. But a true whole nation approach should be directed toward a common goal,” she said. The lady official is also keeping her faith on the goodness and capability of Filipinos in the face of the coronavirus pandemic. “It is not wishful thinking to dream that we can also achieve what Taiwan, South Korea, Vietnam, and New Zealand have achieved….We can also do this. We have the right skills, we should have sufficient resources. We have what it takes,” she said......»»
Davao needs more flights- Mayor Sara
DAVAO CITY, June 22 (PIA-) Mayor Sara Duterte-Carpio bared that based on the latest assessment with the Civil Aviation Authority of the Philippines (CAAP), the cases of COVID-19 due to the arrivals.....»»
DOH: Pertussis cases 20 times more than last year
DOH: Pertussis cases 20 times more than last year.....»»
Cavite nagdeklara ng ‘state of calamity’ dahil sa ‘pertussis outbreak’
NASA ilalim na ng “state of calamity” ang probinsya ng Cavite. Ito ay dahil dumadami na ang mga nahahawa ng pertussis o whooping cough sa probinsya. Ayon sa provincial government, nakapagtala na sila ng 26 confirmed cases at kabaling na riyan ang anim na namatay dahil sa nasabing sakit. Narito ang datos ng Cavite kaugnay.....»»
Philippines logs 40 pertussis deaths this year
MANILA, March 28 (Xinhua) -- Forty children have died of whopping cough, a respiratory infection also called pertussis, since this year, the Philippines' Department of Health (DOH) has reported. The DOH said in a statement on Wednesday that cases have continued to increase since the start of this year, recording 568 cases from Jan. 1 to March 16. "The total number of cases for the same period in 2023 was.....»»
Kaspersky Shares Cybersecurity Tips for a Peaceful Getaway during the holy week
As the holiday season approaches, the urge to unwind and kick back is natural. And it’s all too common for people to let their guard down completely when connecting to the Internet too– but shouldn’t. Recently, the Philippine National Police (PNP) Anti-Cybercrime Group shared its findings on identity theft cases in the country. Between November […].....»»
Pertussis or whooping cough: 40 child deaths so far this year – DOH
MANILA, Philippines — Assistant Health Secretary Albert Domingo reported on Wednesday that as of March 16 this year, some 40 children had died of whooping cough — a respiratory infection also called pertussis. An increase in new pertussis cases nationwide had been observed nationwide, with 28 cases reported from March 10 to 16. READ: What.....»»
DOH: Pertussis cases 20 times higher since January
The number of pertussis cases nationwide has increased 20-fold this year from 2023, according to the Department of Hea.....»»
Infants under six months most affected by pertussis — DOH
Latest data from the DOH showed there were 28 new pertussis infections, bringing this year’s total cases to 568. Of the figure, around 63% were infants below six months. .....»»
One more city in Philippines declares pertussis outbreak
MANILA, March 25 (Xinhua) -- The government of Iloilo, a city in central Philippines, on Monday declared an outbreak of pertussis after it confirmed seven out of 15 reported cases, the City Disaster Risk Reduction and Management Council said. Iloilo is the third city to declare an outbreak of pertussis, or whopping cough, after Quezon and Pasig, two cities in the capital region, announced last week that they hav.....»»
DOH orders 5 million measles vaccine doses
The Department of Health has procured five million doses of measles vaccine as part of its renewed and intensified campaign against increasing cases of measles in the country......»»
Mandaue, Lapu-Lapu report pertussis cases
Mandaue, Lapu-Lapu report pertussis cases.....»»
Masking, lockdown not needed for rising pertussis cases – DOH
Despite the alarming increase in pertussis cases in the country, an official of the Department of Health said there is no need for a lockdown or mandatory wearing of face masks......»»
Decline in exploitation cases; advocacy efforts strengthened
AN OFFICIAL from the Police Regional Office-Davao Region (PRO-Davao) reported two cases of online exploitation of women and children in the region in 2022......»»
One more city in Philippines declares pertussis outbreak
MANILA, March 25 (Xinhua) -- The government of Iloilo, a city in central Philippines, on Monday declared an outbreak of pertussis after it confirmed seven out of 15 reported cases, the City Disaster Risk Reduction and Management Council said. Iloilo is the third city to declare an outbreak of pertussis, or whopping cough, after Quezon and Pasig, two cities in the capital region, announced last week that they hav.....»»