‘RTC Mandaluyong has no bearing and serious effect’

By: Emme Rose Santiagudo 

MORE Electric and Power Corp. remains unperturbed over a legal setback in its battle against Panay Electric Company (PECO).

“No bearing,” was the reaction of MORE Power’s counsel Hector Teodosio.

“MORE will file a Petition for Review to the Court of Appeals or Supreme Court to stop the latest order of the Mandaluyong Regional Trial Court, just like what we did before when the same court granted PECO their TRO. The Judgment of the Mandaluyong Court has no bearing to MORE’s pending Petition for Writ of Possession with the Iloilo Regional Trial Court Branch 37,” he added.

MORE Power has filed an expropriation complaint with RTC Branch 37 in a bid to take over PECO’s distribution assets.

Teodosio believes that the decision of the Mandaluyong RTC has no serious effect, particularly on the expropriation case that they filed before the RTC Branch 37 in Iloilo City to acquire PECO’s assets.

“There is no serious effect because ang RTC of Iloilo City where the expropriation is filed, is an independent and co-equal court sa RTC of Mandaluyong. The RTC of Mandaluyong has no power and authority against Iloilo RTC in the same manner wala sila authority against Mandaluyong,” he said.

Incidentally, PECO, in seeking this latest favorable court ruling, brought its legal battle to Mandaluyong City. This as PECO stated in its Articles of Incorporation that its principal office is no longer at Iloilo City.

“The Court will be overstepping its bounds if it were to determine whether or not PECO actually conducts business in Mandaluyong City,” the Mandaluyong RTC ruling said on the matter of jurisdiction.

It added that “a corporation in a metaphysical sense a resident of the place where its principal office is located as stated in the articles of incorporation.”

MORE has raised the question on jurisdiction as to how PECO could make a claim of a principal office outside of Iloilo City where they operated for more than 90 years.

“The bottom line here is that MORE Power has the franchise law and we have all the legal basis to implement this law,” Teodosio added.