By Benjamin Pulta
MANILA – The Northern Davao Electric Cooperative Inc. (Nordeco) on Thursday filed a petition before the Supreme Court (SC) questioning the constitutionality of Republic Act No. 12144 that allows Davao Light and Power Co. (DLPC) to operate in additional areas, including in Nordeco’s franchise areas.
RA No. 12144 allows DLPC to construct, install, establish, operate, and maintain for commercial purposes and in the public interest, an electric, light, heat, and power system for the conveyance, distribution, and sale of electric power to the end users in Davao City, Panabo City, Tagum City, and the Island Garden City of Samal, and the Municipalities of Carmen, Dujali, Santo Tomas, Asuncion, Kapalong, New Corella, San Isidro, and Talaingod in the Province of Davao del Norte; and the Municipalities of Compostela, Laak, Mabini, Maco, Maragusan, Mawab, Monkayo, Montevista, Nabunturan, New Bataan, and Pantukan in the Province of Davao de Oro.
It lapsed into law last April after it was left unsigned by President Ferdinand R. Marcos Jr.
In its petition, Nordeco, which serves parts of Davao de Oro and Davao del Norte, claimed RA 12144 deprived it of its right to due process.
The cooperative said the Senate and the House of Representatives abused their exercise of legislative power when they approved Senate Bill No. 20888 and House Bill No. 11072, respectively, which eventually became RA 12144.
“What is shocking in all of these is that petitioner Nordeco was neither consulted nor given the opportunity to be heard on this sudden move to completely take away its franchise area,” it said
“There was also no attempt to find out the real sentiment of the residents of the eleven municipalities… whose electricity consuming residents are members-owners-customers of petitioner Nordeco and who will be most affected by the takeover of DLPCI.” (PNA)
