In a press statement on May 24, Nordeco said they have filed a petition for certiorari and prohibition with prayer for writ of preliminary injunction and temporary restraining order against the law.
RA 12144, which expands the franchise area of Davao Light and Power Co., Inc. to Davao del Norte and Davao de Oro, lapsed into law and took effect on April 6.
The law grants the franchise to Davao Light in the areas, which was previously under the Nordeco.
“Recourse to our Supreme Court, that has the power to review the acts of the legislative and the executive department, is the most appropriate action in the light of the inaction of the executive department, the President of the Philippines and the veto he exercised over similar measure as this R.A. No. 12144,” the Nordeco statement said.
Nordeco said the measure is in line with their position that the law is “legally flawed” considering it violated the due process clause as stipulated in the 1987 constitution.
Elvera S. Alngog, Nordeco acting general manager, said the electric coop is compelled to litigate in order to defend its existing franchises and the government’s total electrification program by 2028.
At present, pending the resolution of the case, Nordeco assures the member-consumer-owners of their services to existing clients.
Davao Light earlier said they will respect the two-year transition in these franchise areas.
In a statement released on April 21, the electric distribution utility firm said: “Davao Light recognizes that legal and regulatory procedures will require more time to take its due course. We undertake to respect and align with these processes and their timelines.”
Meanwhile, in a text message, Davao Light confirmed to TIMES that they are aware of the petition filed by Nordeco against the implementation of the franchise expansion.
“We respect Nordeco’s right to seek legal remedies, and we trust in the wisdom of the Court,” Fermin Edillon, Reputation Enhancement department head said.
The official added that their priority remains clear, to ensure continued and reliable service to their existing customers.
