Another judge recuses from MORE-PECO case

By Francis Allan L. Angelo

Four Regional Trial Court judges have refused to hear the expropriation case filed by MORE Electric and Power Corp. against Panay Electric Co. (PECO) in the prolonged battle over power distribution services in Iloilo City.

The latest is Iloilo Regional Trial Court (RTC) Branch 29 Presiding Judge Gloria Madero who cited her pending retirement as the reason for inhibiting from the case.

On Feb 10, 2020, Daily Guardian learned from Hall of Justice sources that the case was re-raffled to the sala of RTC Branch 22 Presiding Judge Emerald Kuizon Requiña-Contreras.

The expropriation case, which MORE filed in a bid to take over PECO distribution assets with corresponding compensation, was filed on Mar 11, 2019 and was initially assigned to RTC Branch 37 Judge Yvette Marie Go.

But Judge Go also let go of the case after granting MORE Power’s motion for a writ of possession but came short of issuing the actual writ.

The case was then re-raffled to RTC Branch 35 Presiding Judge Daniel Antonio Gerardo Amular who had a rather stormy experience with MORE Power.

On Jan 15, 2020, Judge Amular inhibited from the case after seeking advice from RTC Executive Judge Victor Gelvezon.

“Notwithstanding that the Presiding Judge performs his duties in accordance with the conscientious dictate of his conscience and the applicable provisions of law, it has come to a point that whatever judgment the Presiding Judge would render in the case would not be accepted by either the plaintiff or the defendant or maybe tainted with bias,” Amular said.

Amular was the same judge who suggested the transfer of expropriation outside of Iloilo, describing the case to become “too politicized”.

The case re-raffled for the third time to the sala of RTC Branch 33 Presiding Judge Ma. Theresa Enriquez-Gaspar who also recused herself from the case citing close ties with the owners of the defendant, PECO.

“Owners of PECO, Mr. Jose Mari Cacho and Sandra Cacho are very close friends of the undersigned since they are members of an organization called ‘Beyond I Do’ wherein its regular meetings are usually held in the house of Mr. Cacho,” Judge Gaspar said.

Gaspar added that Dr. Diane Cacho, the wife of Mr. Jose Mari Cacho, is also her endocrinologist.

The presiding judge also cited that the clerk in charge of civil cases in RTC Branch 33 is affiliated with the department head of MORE Power.

“The head of the PDM-Substation Project Development and Management Department of MORE, Mr. Wilmar J. Gonzaludo, is the husband of the clerk in charge of civil cases in this Court, Ma. Wienna Gonzaludo,” she said.

Following Judge Gaspar’s inhibition, the RTC Clerk of Court re-raffled the expropriation case which was assigned to Judge Madero.

Madero’s recusal came a week before the first anniversary of the signing of Republic Act No. 11212, which granted MORE Power the congressional franchise to distribute power in Iloilo City.

Pres. Rodrigo Duterte signed the law on Feb 14, 2019.