By CHRIS V. PANGANIBAN
SAN FRANCISCO, Agusan del Sur — The Aboitiz-owned Davao Light and Power Co. Inc (DLPC). has welcomed a Supreme Court ruling dismissing petitions filed by the Northern Davao Electric Cooperative Inc. (NORDECO) questioning the constitutionality of Republic Act No. 12144, the law expanding the utility firm’s franchise in parts of Davao Region.
In a statement issued Tuesday, DLPC said the high court’s action effectively affirmed the validity of the law granting the company authority to operate and maintain electric distribution systems in newly designated coverage areas, including the Island Garden City of Samal (Igacos).
Republic Act No. 12144 authorizes Davao Light to construct, install, operate and maintain facilities for power distribution within the expanded franchise area, subject to regulatory oversight by the Energy Regulatory Commission (ERC).
The company said the Supreme Court’s dismissal of the petitions upheld the presumption of constitutionality accorded to acts of Congress and allowed implementation of the expanded franchise to proceed.
Despite the ongoing dispute with NORDECO, Davao Light said the law provides for an orderly transition of services rather than a permanent overlap of distribution operations.
“We look forward to the opportunity of meeting with NORDECO to discuss the transition process. We aim to work collaboratively to ensure an orderly handover of services and a seamless experience for consumers,” said Davao Light president and chief operating officer Enriczar Tia.
Asset turnover
Earlier, on Feb. 25, the sheriff of the Regional Trial Court in Panabo City took possession of distribution assets in Igacos previously operated by NORDECO and turned them over to Davao Light, the company said.
The turnover stemmed from a Jan. 23 ruling of the Panabo RTC Branch 4 granting Davao Light’s application for a writ of possession covering NORDECO’s assets in the island city. A notice to vacate was served on NORDECO on Feb. 19 together with the writ.
Davao Light said the Supreme Court, in a Jan. 14 ruling, affirmed the legality of Republic Act No. 12144 and its authority to take possession of the cooperative’s facilities. The ERC also issued the company a provisional Certificate of Public Convenience and Necessity allowing it to operate a distribution utility in Davao del Norte and Davao de Oro.
With the takeover completed, Davao Light said it has begun preparations to implement system improvements aimed at providing more reliable and efficient electric service to consumers in Igacos.
The company has opened a customer service center at the Igacos Commercial Center in Barangay Miranda, Babak District, and activated a 24-hour hotline to receive consumer concerns and inquiries.
Davao Light said it remains open to dialogue with NORDECO regarding other areas affected by the franchise expansion as part of efforts to ensure a smooth transition of services while complying with court directives and regulatory requirements.
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