Palace Calls Lopez's Management Greedy
The campaign being waged by President Arroyo against the Lopez family which controls management in dominant power distributor Manila Electric Co. (Meralco) has evolved into a clan war after Pampanga Rep. Juan iguel “Mikey” Arroyo, the presidential son, was reported to be readying a congressional inquiry into the possibility of a management change in the power firm.
Sen. Miriam Defensor-Santiago made the revelation yesterday with a pronouncement that the energy committee of the two chambers will start this week a joint investigation into allegations that Meralco is overcharging consumers.
Speaker Prospero Nograles reportedly asked Rep. Arroyo, chairman of the House committee on energy, “to buckle down to work and expedite the passage of various measures affecting consumers on the rising cost of fuel and electricity,” including the probe into Meralco and in particular, the management change being pursued by Government Service Insurance System (GSIS) president Winston Garcia.
Santiago told reporters she just got wind of the information that Nograles had directed her lower house counterpart to inquire into the possibility of effecting a change in the management of Meralco, where government holds a 23 percent equity, to effect the lowering of power rates.
“It’s high time that we conduct the investigation on Meralco because of the high cost of electricity that we’re paying and they (Meralco) for raking in so much income,” the administration senator said.
Malacañang, meanwhile, continued its word war against the Lopezes calling “greedy,” the leadership of Meralco that it charged of overbilling customers for many years, adding that it is throwing its full support on GSIS’s call for a leadership change in the power firm.
Chief Presidential Legal Counsel Sergio Apostol said Meralco president Jesus Francisco is among other officials who can be ousted from their posts, and at the same time remove from the influential Lopez family the control of the company.
Apostol said this will happen if Garcia is able to muster majority votes during the annual stockholders meeting in Meralco scheduled on May 27. Apostol reminded the public that during the time of late strongman Ferdinand Marcos, the Lopez family lost its control over Meralco.
“Yes, we can do that (government takeover). The government had done that during the time of Marcos (regime) the Lopezes then were not running Meralco, they’re even in exile. Meralco can be run by other people not just the Lopezes. Mr. Francisco and the rest of the leadership in Meralco can be ousted from their positions, that can be done. All the GSIS has to do is convince other small players, stockholders of the corporation, to get enough votes, bigger votes than Meralco then we can have control of the management,” he said.
The presidential aide however said the government which has some 30 percent shares of stocks in Meralco, slightly lower than what the Lopezes have, 30.4 percent, may have a hard time.
“I believe Meralco has dummy stockholders. Garcia should watch out for that. It is going to be difficult, because Meralco management is profit--oriented and not public service oriented….they have become too greedy,” he said.
“The question here is, how come in all of Asia, we have the most expensive electricity cost when in fact we have already disposed of some of the assets of the Napocor (National Power Corp.),” he said.
“Why is there a disharmony between the process of generating power and bringing it to the consumer? That is the function of the JCPC (Joint Congressional Power Commission) under the Epira (Electric Power Industry Reform Act), to see to it that the electricity rates are set as low as possible.
“Apparently we have not achieved it. Meralco now is the focus of attention and what is stopping the power industry from lowering electric rates for us to be competitive in the region?” Santiago said. “We are still in the process of seeing what kind of amendments to the Epira will be made. And if we hold these hearings, the conclusion will take the form of possible amendments to the Epira law,” she said. Also, Santiago said they would like to inquire on the slow pace privatization of Napocor.
Nonetheless, the senator said that also among the reasons for the inquiry is to look into why Meralco is still charging high power rates despite the low price being imposed by the Napocor which supplies the Lopez-owned power distribution company.
“If what President Arroyo says is true, how come we have not seen this in our bills? If indeed (Meralco) purchased power from the Napocor, which is state-owned, at a low price, it’s only natural that we, the consumers, get it at an affordable rate,” she said.
If, at some point, there are those that pilfer supply from Meralco, also known as “systems losses”, Santiago questioned why the consumers are being made to shoulder this foregone income.
The Supreme Court, Santiago said, had already issued rulings against Meralco to refund overcharging it made in the past and yet, this has not been implemented. “If this is the case, how come there has not been any probe on this matter? All these things will be taken up in the joint hearing of the committees of energy of the House at Senate,” she said.
Pimentel, on the other hand, said it is the Napocor that has the ultimate leverage over the rates. “Napocor is the key to lowering the rates. If I’m not mistaken, under section 53 of the Epira law, Napocor is mandated to use all its powers to lower the cost of electricity. So Napocor should first look into how it can go about that. We cannot tell Napocor how to do it, but the power is with them, therefore, it is up to them tell us how they are going to do it and whether they’re going to do it or not,” he said.
Pimentel also contradicted the assertions of some of his colleagues that Meralco and not Napocor should be made to provide the solution in addressing the high cost of electricity. “That might be true if Napocor is the only source of power. Many or much of the supply comes from Napocor. You cannot rule out the fact that Napocor steps in to lower the power or electric cost.
“But I’m not even too sure that privatization of all the assets of Napocor is the solution. I’m not too sure about that because power is a very sensitive commodity and I believe that the government should somehow have a leverage in the matter of supplying and distributing power. Somehow. And they can only do that if they retain some of the substantial assets,” he said.
Apostol however clarified that the Arroyo government has no intention to take over Meralco saying the policy of the administration is privatization.
“We have no interest to take over Meralco, we will leave that to the GSIS because the policy of the government is privatization…our priority concern right now is first change the attitude of Meralco. Second reduce its power rates and then return to the Filipinos whatever it had overcharged in the past,” he said.
Deputy Presidential Spokesman Lorelei Fajardo echoed the same saying it is still speculative at this time on reports the government seeks a takeover of Meralco.
“The government taking over of Meralco is purely speculative, the GSIS is taking action as one of the major shareholders of Meralco. It is within the rights of the GSIS through its chairman to cause Meralco to allow its board members to have access to records, to allow it to determine the viability of their investment or if they are in fact receiving just and fair share of the profits derived from the utility company,” she said.
Apostol also lauded Garcia in the latter’s plan to criminally charge official heads of Meralco for defrauding the Filipino masses of P30 billion in overbilling which the Supreme Court ordered a refund.
“If Garcia finds enough evidence against erring management officials from Meralco, he could go to court and file cases against personalities, but it should be done with caution, caution must prevail over emotions, but yes the government should file cases because the findings of the Supreme Court is very clear. They (SC) demanded Meralco to refund back P30 billion. There were no personalities (from Meralco) that had been charged there,” he said.
Apostol said if Meralco is not hiding anything they should cooperate with the GSIS and open its book of accounts.
“The intention of Winston (Garcia) to demand Meralco to open its book of accounts is correct and that speaks of transparency, that’s legal under the corporate law. If Meralco refuses, Winston should file a complaint before the Securities and Exchange Commission, to file a petition and demand Meralco to open their books…Otherwise, they (meralco) can be sanctioned, they can be fine and its officials imprison,” he said.
Fajardo raised the same challenged to the Lopez family urging them to fully cooperate with the GSIS.
Asked if the president have an axe to grind against the Lopezes, for being critical by its television network station ABS-CBN, against her presidency, Apostol denied.
“That’s not true, the government is doing this for the people, in fact the government non interference with the ABS-CBN despite its media attacks against her is a a good sign of democracy. If she is retaliating, she could hit directly at the ABS-CBN not Meralco, not the other way around,” he said.