Bullying and Politics

By: Limuel S. Celebria

I am amused at the recent statement by the Iloilo Regional Trial Court judge handling the expropriation case filed by More electric and power company (More) against Panay Electric Company (PECO).

RTC Branch 35 Judge Daniel Amular, who was accused administratively by More for “grave misconduct, gross ignorance of the law, and violation of the judicial Code of Ethics” before the Supreme Court, claims he was being bullied by More and its lawyer, Hector Teodosio.  Amular also noted that the case has become “too politicized” and suggested that the case be transferred outside of Iloilo.

I pity the judge. A judge who admits to getting bullied does not deserve the position he holds. In our society and system of government, judges are held in high esteem because of their indispensable role in the administration of justice. Protagonists in any given case look to the judge with unreserved respect, expecting him to be balanced and fair  to both sides.

When a judge feels he is already being bullied by one side, it can only mean he has lost their respect. Still, a rightful judge is not helpless. He is not without recourse to the powers inherent to the position, particularly the power of holding people in contempt of court. If a judge feels a protagonist has gone overboard, he can resort to the contempt power to put them in line.

As for the case being “politicized,” but of course, it is. The issue involves a power utility – the privilege to operate a power distribution company in the city. Clearly, this is imbued with supreme public interest. Moreover, that privilege is wrapped in a franchise awarded by Congress and approved by the Office of the President – the most highly political institutions in the country.

In fact, it is the political nature of the case that has brought it before the court of law. The legal issue is simply this: More power is asking the court to facilitate the expropriation of Peco’s assets so that it can begin its mandate to distribute electricity in Iloilo City in accordance with the franchise granted to it by congress. Peco claims certain provisions of the franchise is unconstitutional.

Under the circumstance, all the judge needs to do is make a ruling for or against. For sure his decision – whatever it may be — will be appealed all the way to the Supreme Court which is the ultimate arbiter.  His hesitation and cries of bullying, a cry that was also made by Peco, can only add fuel to the fires of speculation that he has taken sides.

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All these claims of bullying and politics pale in comparison to President Rodrigo Duterte’s assault on Maynilad and Manila Water, the two firms that were granted the concession to distribute potable water to Metro Manila.

A Singapore Court of Arbitration awarded the two firms some P11 Billion in total damages “for losses incurred” after the Philippine government disallowed their water rate increases. This despite the fact that the firms reported profits in the billions of pesos. It appeared that in the computation of water rates, these firms included tax payments and projected expenses for projects that were not implemented.

President Duterte said he will not pay the so-called arbitral awards and threatened lawsuits for economic sabotage, large–scale estafa against the company owners and executives and the lawyers involved in the crafting of the ‘onerous contracts’ between these water firms and the government. He also threatened to invalidate the firms’ contract extensions.

The opposition described it as bullying. I call it righteous indignation. Maynilad and Manila Water – like Panay Electric, have enriched themselves at the expense of the public.  For too long, they have charged too much for delivering what is essentially a basic necessity to a captive market.

Fortunately, Maynilad and Manila Water have chosen discretion to be better than valor and both assured the President that they will not anymore pursue the arbitral award. They also expressed willingness to renegotiate certain provisions of their concession agreements.

It’s a pity PECO has totally lost its chances to renew its franchise. Still it can renegotiate for a better deal on its assets and properties with the new franchise holder. Entangling it all up in court litigation is a disservice to the people of Iloilo City whom it claims to have served well.