Inhibit from NGCP rate reset, CA tells ERC chief

MANILA, Philippines — The Court of Appeals (CA) has ordered Energy Regulatory Commission (ERC) Chairperson Monalisa Dimalanta to inhibit from the proceedings on the rate reset application of the National Grid Corp. of the Philippines (NGCP).

In a 22-page decision, the CA’s Special 11th Division found Dimalanta to have “gravely abused her discretion” when she refused to inhibit herself from the proceedings in the fourth regulatory period reset application (RPRA) “despite her evident bias and partiality” against the NGCP.

The CA granted the motion for inhibition filed by NGCP, which argued that Dimalanta had prejudged the firm’s rate application based on her public statements made in October 2022 on the expected outcome of the application even before it was filed.

The firm said Dimalanta refused to recuse herself from the proceedings despite several motions for inhibition.

In its ruling, the appellate court agreed with the NGCP that Dimalanta “conditioned the mind of the public” that the regulator was set to order a reduction in petitioner’s transmission charges.

“The foregoing circumstances, taken together, lead us to conclude that respondent’s actions are indeed manifestations of bias and partiality against petitioner,” the ruling read.

“Respondent could not be expected to render a fair judgment when she already has an outcome in mind, waiting only to be formalized after petitioner undergoes the charade of formal hearing,” the CA said. “By issuing premature public statements, respondent somehow deprived petitioner of its right to a fair and impartial administrative process.”

The decision, dated April 30, was penned by Associate Justice Maria Elisa Sempio Diy with the concurrence of Associate Justices Wilhelmina Jorge-Wagan and Raymond Joseph Javier.