Advisories and Orders

Sirs/Mesdames:

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ENBANC

NOTICE

Please take notice that the Court en bane issued a Resolution dated JANUARY 21, 2014, which reads as follows:

"G.R. No. 210245 (Bayan Muna Representative Neri Javier Colmenares, et al. vs. Energy Regulatory Commission, et al.); G.R. No. 210255 (National Association of Electricity Consumers for Reforms, et al. vs. Manila Electric Company, et al.); and G.R. No. 210502 (Manila Electric Company vs. Philippine Electricity Market Corporation, et al.).The Court Resolved to

(i) NOTEthe

(a) Urgent Manifestation dated January 9, 2014 filed by respondent Manila Electric Company (MERALCO), stating, among others, that it deferred the billing and collection of the amount corresponding to the increase in the generation charge and other pass-through charges for the December 2013 billing month and that it will continue to bill its customers, for the January 2014 billing month, the pass-through charges, in particular, the generation, transmission, and system loss charges, taxes and subsidies at the November 2013 billing levels during the effectivity of the Temporary Restraining Order issued on December 23, 2013;

(b) Entry of Appearance with Manifestation dated January 15, 2014 filed by Attys. Mario Luza Bautista, Joseph Joemer C. Perez and Krizelle Marie F. Poblacion of Poblador Bautista and Reyes, entering their appearance as counsel for third-party respondents First Gas Power Corporation, FGP Corporation, Bac-Man Energy Development Corporation, Bac-Man Geothermal, Inc. and First Gen Hydro Power Corporation, and requesting that they be furnished with court processes at the 5th Floor,

Notice of Resolution - 2 - G.R. No. 210245, et al. January 21, 2014

SEDDCO I Building, 120 Rada corner Legaspi Streets, Legaspi Village, Makati City;

(c) Manifestation dated January 15, 2014 filed by counsel for third party respondent TransAsia Power Generation Corporation (Trans-Asia), stating, among others, that it will not participate in the oral arguments on January 21, 2014;

(d) Entry of Appearance dated January 14, 2014 filed by Attys. Monalisa C. Dimalanta, Joshua Gilbert F. Paraiso, Jessica Kristine F. Hilado and Maria Theresa Vivian L. Ventura of Puyat Jacinto and Santos (PJS Law), entering their appearance as counsel for respondent Quezon Power (Philippines) Limited Co. and requesting that they be furnished with court processes at the 5th and 12th Floors VGP Center (formerly the Manila Bank Building), 6772 Ayala Avenue, Makati City;

(e) Manifestation dated January 14, 2014 filed by counsel for Quezon Power (Philippines) Limited Co. in compliance with the Court Order dated January 10, 2014, stating, among others, that it will not give an opening statement during the oral arguments on January 21, 2014;

(f) Manifestation dated January 15, 2014 filed by counsel for respondent Masinloc Power Partners Co., Ltd. (MPPCL) in compliance with the Order dated January 10, 2014, stating, among others, that it will not present an opening statement on the scheduled hearing on January 21, 2014;

(g) Manifestation dated January 16, 2014 filed by the Office of the Solicitor General for respondents Department of Energy (DOE) and Energy Regulatory Commission (ERC), submitting the names of the lawyers who will argue, their order of presentation, time allocation and issues assignment;

(h) Entry of Appearance dated January 15, 2014 filed by Attys. Alexander J. Poblador and Nick Emmanuel C. Villaluz of Poblador Bautista & Reyes Law Offices, entering their appearance as counsel for respondents San Miguel Energy Corporation, South Premiere Power Corporation and Strategic Power Development Corporation,

Notice ofResolution - 3 - G.R. No. 210245, et al. January 21, 2014

and requesting that they be furnished with court processes be sent at the 5th Floor, SEDCCO Building, 120 Rada corner Legaspi Streets, Legaspi Village, Makati City;

(i) Manifestation dated January 16, 2014 filed by counsel for respondent SEM-Calaca Power Corporation (SCPC) in compliance with the Order dated January 10, 2014, stating, among others, that it will not participate and take any time allocated by the Court to the parties at the oral arguments on January 21, 2014;

G) Consolidated Comment (on the petitions in G.R. Nos. 210245 and 210255) dated January 15, 2014 filed by the Office of the Solicitor General (OSG) for respondent Department of Energy (DOE) and as supplement to the Consolidated Comment dated January 8, 2014 of respondent Energy Regulatory Commission (ERC), in compliance with the Order dated January 9, 2014;

(k) Manifestation and Motion dated January 20, 2014 filed by counsel for respondent Manila Electric Company (MERALCO) in compliance with the Advisory dated January 15,

2014, submitting the list of the lawyers who will argue for MERALCO and the issues that they will cover;

(I) Compliance (with the Advisory dated January 15, 2014) dated January 20, 2014 filed by counsel for respondent Manila Electric Company (MERALCO), submitting in paper and digital forms the slide presentations to be used during the January 21, 2014 Oral Arguments;

(m) Entry of Appearance with Manifestation dated January 19, 2014 filed by Attys. Roderica V. Puno, Helena Rosales-Calo, Richie Avigale Ramos-Pilares and Kristie Auriel T. Enriquez of Puno and Puno, entering their appearance as counsel for respondents Therma Luzon, Inc. (TLI) and Therma Mobile, Inc. (TMO); requesting that they be furnished with court processes at the 12th Floor, East Tower, Philippine Stock Exchange Center, Exchange Road, Ortigas Center, Pasig City; and stating, among others, that of the additional respondents, the following have opted not to participate in the oral arguments: PAN-ASIA, PSALM, SPPC, QPPL


and AES, and that the forty (40) minutes allotted to the additional respondents will be divided among the remaining seventeen (17) additional respondents, namely:

Philippine Electricity Market Corporation (PEMC); SEM-Calaca Power Corporation (SEM-Calaca); Therma Luzon, Incorporated (TLI); San Miguel Energy Corporation (SMEC); First Gas Power Corporation (FGP); FGP Corporation (FGP Corp.); National Grid Corporation of the Philippines (NGCP); 1590 Energy Corporation (1590 Energy); AP Renewables, Inc. (APRI); Bac-Man Energy Development CorporationjBac-iMan Geothermal, Inc. (Bac-Man); First Gen Hydro Power Corporation (First Gen); GNPower Mariveles Coal Plant Ltd. Co. (GNPower); SN Aboitiz Power-Benguet, Incorporated (SNB); SN Aboitiz Power-Magat, Incorporated (SNM); Strategic Power Development Corporation (SPDC); Vivant Sta. Clara Northern Renewables Generation

Corporation (Vivant); and Therma Mobile, Incorporated (TMO)

(n) Manifestation dated January 20, 2014 filed by counsel for intervenor Private Electric Power Operators Association (PEPOA), stating, among others, that Atty. Ranulfo M. Ocampo will do the oral arguments in behalf of intervenor PEPOA;

( o) Manifestation and Motion dated January 20, 2014 filed by counsel for San Miguel Energy Corporation, South Premiere Power Corporation and Strategic Power in compliance with the Advisory dated January 15, 2014, stating that they will waive their right to participate in the oral argument on January 21, 2014;

(p) Manifestation (Re: List of Lawyers for Oral Arguments) dated January 20, 2013 (should be 2014) filed by counsel for petitioners in G.R. No. 210245, stating the issues that petitioners will present for oral argumentation and the lawyers who will present the issues;

(q) Supplemental Manifestation dated January 20, 2014 filed by counsel for petitioners in G.R. No. 210245 relative to the service of the Amended Petition to respondents QPPL and PAN-ASIA;


(r) Manifestation dated January 20,

2014 filed by counsel for third party respondents First Gas Power Corporation; FGP Corporation, Bac-Man Energy Development Corporation, BacMan Geothermal, Inc., and First Gen Hydro Power Corporation, stating, among others, that they have decided to waive their right to participate in the oral arguments on January 21,

2014;

(s) Entry of Appearance dated January 20, 2014 filed by Justice Florentino P. Feliciano (Ret.), Atty. Roberto C. San Juan and the Law Firm of Sycip Salazar Hernandez and Gatmaitan, entering their appearance as collaborating counsels for respondent MERALCO and requesting that they be furnished with court processes at the 4th Floor, SyCipLaw Center, 105

Paseo de Roxas, Makati 1226;

(t) Compliance and Submission dated January 20, 2014 filed by aforesaid collaborating counsels for MERALCO, submitting the documents/slides which may be presented during the argument of MERALCO's co-counsel, Justice Florentino P. Feliciano (Ret.), during the oral arguments on January 21, 2014;

( u) Motion for Extension of Time to File Comment dated January 20, 2014 filed by counsel for third party respondent Trans-Asia Power Generation Corporation (Trans-Asia);

(v) Consolidated Comment (on the petitions in G.R. Nos. 210245 and 210255 and the counter petition of Manila Electric Company) dated January 17, 2014 filed by counsel for third party respondent National Grid Corporation of the Philippines (NGCP) in compliance with the Order dated January 10, 2014;

( w) Consolidated Comment (on the Amended Petition) dated January 19, 2014 filed by counsel for Therma Luzon, Inc. and Therma Mobile, Inc. in compliance with the Order dated January 10, 2014;

(x) Consolidated Comment (Re: Bayan Muna, et al. Amended Petition dated January 13, 2014, NASECORE, et al. Amended Petition dated January 12, 2014, and MERALCO CounterPetition dated January 8, 2014) dated January


20, 2014 filed by counsel for respondent SEMCalaca Power Corporation (PCPC) in compliance with the Orders dated January 9, 2014 and January 10, 2014;

(y) Consolidated Comment on the Amended Petitions of NASECORE and Bayan Muna and Counter-Petition of MERALCO, dated January 20, 2014 filed by counsel for respondent Philippine Electricity Market Corporation (PEMC) in compliance with the Order dated January 9, 2014;

(z) Consolidated Comment [on: (1) NASECORE, et al.'s Amended Petition dated January 12, 2014; (2) Bayan Muna, et al.'s Amended Petition dated January 13, 2014; and (3) MERALCO's Counter-Petition dated January 8, 2014], dated January 20, 2014 filed by counsel for respondent Quezon Power (Philippines) Ltd. (QPPL) in compliance with the Order dated January 10, 2014;

(aa) Consolidated Comment (on [i] Bayan Muna representative Neri Javier Colmenares, et al.'s Petition for Certiorari and Prohibition dated December 19, 2013, [ii] National Association of Electricity Consumers for Reforms, et al.'s Petition for Certiorari and/ or Prohibition dated December 16, 2013, and [iii] Manila Electric Company's Consolidated Comment/ Opposition with Counter-Petition dated January 8, 2014),

dated January 19, 2014 filed by counsel for respondent AP Renewables, Inc. (APRI) In compliance with the Order dated January 10,

2014;

(bb) Compliance (with the Advisory dated January 15, 2014) dated January 20, 2014 filed by counsel for petitioners, informing the Court that Atty. Leonard S. De Vera will argue in their behalf on the issues stated therein;

(cc) Consolidated Comment (on the petitions in G.R. Nos. 210245 and 210255) dated January 19, 2014 filed by counsel for SN Aboitiz Power-Magat, Inc. (SNAP-Magat) and SN Aboitiz Power-Benguet, Inc. (SNAP-Benguet) in compliance with the Order dated January 10,

2014;

(L


(dd) Consolidated Comment/Opposition (on/to the petitions in G.R. Nos. 210245 and 210255) dated January 17, 2014 filed by counsel for respondent Vivant-Sta. Clara Northern Renewables Generation Corporation (NR) in compliance with the Order dated January 10,

2014;

(ee) Manifestation dated January 17, 2014 filed by counsel for respondents 1590 Corporation (1590 EC) and Vivant-Sta. Clara Northern Renewables Generation Corporation, stating, among others, that it will not present an opening statement and will not participate in the oral argument on January 21, 2014;

(ff) Consolidated Comment/Opposition (on/to the petitions in G.R. Nos. 210245 and 210255) dated January 17, 2014 filed by counsel for respondent 1590 Energy Corporation in compliance with the Order dated January 10,

2014;

(gg) Entry of Appearance dated January 17, 2014 filed by Attys. Joan A. Giduquio-Baron and Marvey Jumoad Arnoco of J.P. Garcia and Associates, entering their appearance as counsel for respondent 1590 Energy Corporation and Vivant Sta. Clara Northern Renewables Generation Corporation, and requesting that they be furnished with court processes at Units 1501-1502, 15th Floor, Ayala Life-FGU Center, Mindanao Avenue cor. Biliran Road, Cebu Business Park, Cebu City;

(hh) Entry of Appearance dated January 20, 2014 filed by Attys. Emmanuel P.J. Tamase and Glenda Isabel L. Biason of Alampay and Tamase Law Office, entering their appearance as counsel for third party respondent Pan-Asia Energy, Inc. and requesting that they be furnished with court processes at the 12th Floor, PDCP Bank Centre, corner Rufino and Leviste Streets, Salcedo Village, Makati City;

(ii) Entry of Appearance dated January 17, 2014 filed by the Office of the Government Corporate Counsel (OGCC), entering its appearance as lead counsel for respondent Power Sector Assets and Liabilities Management Corporation (PSALM), and requesting that they be furnished with court processes at said Office;


(jj) Comment (on the petitions in G.R. Nos. 210245 and 210255) dated January 20, 2014 filed by counsel for respondent Pan-Asia Energy, Inc. in compliance with the Order dated January 10, 2014;

(kk) Consolidated Comment (on the petitions in G.R. Nos. 210245, 210255 and 210502) dated January 20, 2014 filed by counsel for Masinloc Power Partners Co. Ltd. (MPPCL) in compliance with the Order dated January 10, 2014;

(ll) Consolidated Comment (on the petitions in G.R. Nos. 210245 and 210255) dated January 20, 2014 filed by counsel for third party respondents First Gas Power Corporation (First Gas), FGP Corporation (FGP), Bac-man Geothermal, Inc. (BGI), First Gen Hydro Power Corporation (FG Hydro) and Bac-man Energy Development Corporation (BEDC) in compliance with the Order dated January 10, 2014;

(mm) Consolidated Comment (on the petitions in G.R. Nos. 210245 and 210255) dated January 17, 2014 filed by the OGCC for respondent Power Sector Assets and Liabilities Management Corporation (PSALM) in compliance with the Order dated January 10, 2014;

(nn) Consolidated Comment (on the Amended Petitions and Counter Petitions in G.R. Nos. 210245, 210255 and 210502) with Opposition to the Application for a Writ of Preliminary Injunction dated January 20, 2014 filed by counsel for respondents San Miguel Energy Corporation, South Premiere Power Corporation and Strategic Power Development Corporation in compliance with the Order dated January10,2014;and

(oo) Comment on the (i) Amended Petition for Certiorari and Prohibition with Prayer for a Temporary Restraining Order and/ or Preliminary Injunction, (ii) Amended Petition for Certiorari and/or Prohibition (class suit), and (iii) the Consolidated Comment/Opposition with Counter-Petition, dated January 20, 2014 filed by counsel for third party respondent GN Power Mariveles Coal Plant Ltd. Co. (GMCP) in


compliance with the Order dated January 10,

2014;

(ii) GRANT the Motion for Leave to Admit PSALM's Manifestation dated January 16, 2014 filed by counsel for respondent Power Sector Assets and Liabilities Management Corporation; and

(iii) NOTE the following documents filed by counsels for respondents Philippine Electricity Market Corporation (PEMC), National Grid Corporation of the Philippines (NGCP) and Power Sector Assets and Liabilities Management Corporation (PSALM), but DENY their waiver to participate in the oral arguments:

(a) Entry of Appearance and Manifestation dated January 15, 2014 filed by Attys. Criselda S. Martin-Funelas, Celina R. Encarnacion, Caryl Miriam Y. Lopez, Gladys Evette N ebab and Maria Lourdes A. Sabundayo, entering their appearance as counsel for respondent Philippine Electricity Market Corporation (PEMC) and requesting that they be furnished with court processes at the 18th Floor, Robinsons-Equitable Tower, ADB Avenue corner Poveda Street, Ortigas Center, Pasig City;

(b) Manifestation dated January 16, 2014 filed by counsel for third party respondent National Grid Corporation of the Philippines (NGCP); and

(c) Manifestation dated January 15, 2014 filed by counsel for respondent PSALM.

At the hearing of these consolidated cases this afternoon, the following counsels/parties appeared:

Counsels for Petitioners in G.R. No. 21024.5 Atty. Neri Javier Colmenares Atty. Carlos Isagani Zarate Atty. Maria Cristina P. Yambot

Collaborating Counsels for Petitioners in G.R. No. 210245

Atty. Edre U. Olalia Atty. Ephraim B. Cortez Atty. Minerva F. Lopez Atty. Romeo B. Igot Atty. Eli R. Mallari

Counsels for Petitioners in G.R. No. 210255 Atty. Leonard S. De Vera

Notice of Resolution - 10- G.R. No. 210245, et al.

Atty. Nelson A. Loyola Atty. Ronnie B. Rodillas

Counsels for Public Respondents

Office of the Solicitor General Assistant Solicitor General Vida G. San Vicente Senior State Solicitor Elma M. Rafallo-Lingan Senior State Solicitor Thelma Lee T. Raquel-Sadoy State Solicitor Marie Christine R. Nolasco-Jimenez Associate Solicitor Dexter G. Matias

Department of Energy Secretary Carlos Jericho L. Petilla

Energy Regulatory Commission Commissioner Alfredo J. Non Atty. Francis Saturnino C. Juan Atty. Debora Anastacia T. Layugan Atty. Grace V. Lu-Santos

Counsels for Manila Electric Company Hon. Florentino P. Feliciano Atty. Victor P. Lazatin Atty. Carlos Roberto Z. Lopez Atty. Anthony W. Dee Atty. Arnold M. Corporal Atty. Antonio Eduardo S. Nachura, Jr. Atty. Dyan Danika G. Lim Atty. Filemon Ray L. Javier Atty. Clarissa Bettina F. Faylona Atty. Monica Joy M. Marcelo Atty. Germaine Chua Atty. Hazel Rose B. See Atty. Francis Paolo P. Tiopianco Atty. Aldous Benjamin C. Camiso

Counsels for Philippine Electricity Market Corporation Atty. Criselda S. Martin-Funelas Atty. Celina R. Encarnacion Atty. Caryl Miriam Y. Lopez Atty. Gladys Evette G. Nebab Atty. Maria Lourdes A. Sabundayo

Counsels for Sem-Calaca Power Corporation Atty. Gwen Grecia-De Vera Atty. Najha Katrina J. Estrella Atty. Rowena Fatima M. Salonga Atty. Rafael A. Evangelista

Counsels for Masinloc Power Partners Co., Ltd. Atty. Roy Enrico C. Santos Atty. Luther D. Ramos Atty. Ruben Gerald V. Ricasata III Atty. Zann Paolo L. Pacificador Atty. Irvin Joseph Fabella

January 21, 2014

Notice of Resolution - 11 - G.R. No. 210245, et al.

Counsels for Therma Luzon, Inc. and Therma Mobile, Inc. Atty. Roderico V. Puno Atty. Helena Rosales-Calo Atty. Richie Avigale Ramos-Pilares Atty. Kristie Auriel T. Enriquez

January 21, 2014

Counsels for San Miguel Energy Corporation, South Premiere Power Corporation and Strategic Power Development Corporation Atty. Alexander J. Poblador Atty. Nick Emmanuel C. Villaluz

Counsels for First Gas Power Corporation, FGP Corporation, BacMan Energy Development Corporation, Bac-Man Geotherman, Inc. and First Gen Hydro Power Corporation Atty. Mario Luza Bautista Atty. Joseph Joemer C. Perez Atty. Krizelle Marie F. Poblacion

Counsels for Quezon Power (Phils.) Ltd. Co. Atty. Monalisa C. Dimalanta Atty. Joshua Gilbert F. Paraiso Atty. Jessica Kristine F. Hilado Atty. Maria Theresa Vivian L. Ventura-Pugeda

Counsels for National Grid Corporation of the Philippines Atty. Mark Anthony S. Actub Atty. Raycell D. Baldovino Atty. Ronald Dylan P. Concepcion

Counsels for 1590 Energy Corporation and Vivant Sta. Clara Northern Renewables Generation Corporation Atty. Reagan F. De Guzman Atty. Jess Anthony N. Garcia Atty. Joan A. Giduquio-Baron Atty. Marvey Jumoad Arnoco

Counsels for AP Renewables, Inc. Atty. Cesar E. Santamaria, Jr

Counsels for GNPower Mariveles Coal Plant Ltd. Co. Atty. Lourdy Torres Atty. Franchesca Ovalle

Counsels for Pan-Asia Energy Holdings, Inc. Atty. Emmanuel P.J. Tamase Atty. Glenda Isabel L. Biason

Counsel for Power Sector Assets and Liabilities Management Corporation Atty. Geoffry de Lara Masancay

Counsel for SN Aboitiz Power Atty. Anthony Mark A. Gutierrez

Counsel for Trans-Asia Power Generation Corporation

Notice of Resolution - 12- G.R. No. 210245, et al. January 21,2014

Atty. Alan T. Ascalon

Counsel for Intervenor Private Electric Power Operators Association Atty. Ranulfo M. Ocampo

Under the Advisory issued by the Court on January 15, 2014, the presentation of oral arguments will be limited to the following issues:

A. Whether or not the remedy which the Petitioners availed in this case is proper;

B. Whether or not these cases and the issues it raises are justiciable;

C. Whether or not the Energy Regulatory Commission, in its approval contained in the letter dated December 9, 2013 of MERALCO's December 5, 2013 request committed grave abuse of discretion, in that:

1. it violates Petitioners' rights to due process of law;

n. it violates its mandate under the constitution and Rep. Act No. 9136 (EPIRA law) to protect the public from anti-competitive practices and market abuse;

D. Whether or not the amendment to Section 4(e), Rule 3 of the EPIRA law's Implementing Rules and Regulation allowing automatic rate adjustments or increases to recover generation costs violates due process and the declared policy of the EPIRA law; Corollarily, whether or not ERC Resolution Nos. 10-01, 10-04, both series of 2004, and the December 9, 2013 letter of the Energy Regulatory Commission are valid;

E. Whether or not the automatic rate adjustments or increases to recover generation costs amount to a surrender by respondent Energy Regulatory Commission of its regulatory functions, in violation of Section 25 of the EPIRA law;

F. Whether or not Sections 6 and 29 of the EPIRA law are unconstitutional in declaring that (a) power generation and supply are not public utilities, and (b) their charges are beyond regulation by the Energy Regulatory Commission;

G. Whether or not the Temporary Restraining Order (TRO) in this case should be lifted;

Notice of Resolution - 13- G.R. No. 210245, et al. January 21, 2014

H. Whether or not the Petitioners are entitled to the reliefs requested.

The parties will be heard in the following order, with the following time allocation for each:

Petitioners thirty (30) minutes MERALCO forty (40) minutes ERCandDOE thirty (30) minutes Intervenors thirty (30) minutes Additional Respondents forty (40) minutes

Counsels for petitioners agreed to divide the 30 minutes as follows:

Atty. Leonard S. De Vera Issues C, D and E 10 minutes A!!)'. Neri Javier Colmenares Issues C.ii and F 13 minutes Atty. Carlos Isagani Zarate Issues A, B, G and H ?minutes

Immediately after the complete presentation of the oral arguments for the petitioners, the Members of the Court interpellated the presenting lawyers.

Thereafter, the Chief Justice directed the following parties to submit NOT LATER THAN JANUARY 30, 2014, the documents indicated below in their hard and soft copies (CD):

MERALCO: 1. Power Supply Agreements, bilateral agreements and

other related documents with power plants (with a summary of day-ahead and week-ahead nominated capacities)

2. Day-Ahead Capacity Availability Schedule and related documents (November 1- December 31, 2013)

3. Meralco Nomination Schedule and dispatch instructions to power plants (November 1- December 31, 2013)

4. Report on computation of the generation charge for November 2013 and December 2013, and underlying documents

5· Ownership structure of MERALCO, including list of its affiliates and subsidiaries, and list of Directors and Officers for 2010, 2011, 2012 and 2013

DEPARTMENT OF ENERGY: 1. Philippine Energy Plan and Power Development

Program officially published and released in 2013-2014 in accordance with Section 37(b) and 37(c) of EPIRA (under Secretary Petilla)

2. Philippine Energy Plan and Power Development Program officially published and released in 2010-2012

Notice ofResolution - 14- G.R. No. 210245, et al. January 21,2014

in accordance with Section 37(b) and 37(c) of EPIRA (under Secretary Almendras)

3. Philippine Energy Plan and Power Development Program officially published and released in 2002-2009 in accordance with Section 37(b) and 37(c) of EPIRA

4. WESM Rules and Manuals, as amended and updated 5. List and profile of all power plants and power plant

owners (including stockholders) and the percentage ownership of installation targets (per grid and entire Philippines) of such power plant owners

6. List and profile of all independent power producer administrators (IPP A) and the power plants and related contracts they administer

7. Minutes of meetings with generation companies relating to the shutdown of Malampaya in 2010, 2011, 2012, and 2013

8. Submitted and approved Scheduled Outages of all power plants for 2013

g. Minutes of the meetings of DOE with the generators in relation to the Malampaya shutdown

10. Notification of forced outage by Malaya to the NGCP and DOE during the Malampaya shutdown

11. Status of the grid for the entire year (2013) 12. Report of DOE on collusion or any similar investigation

on the November 2013 generation cost hike

ENERGY REGULATORY COMMISSION 1. All ERC rules, regulations and resolutions on

nomination of power plants in WESM 2. All ERC rules, regulations and resolutions on Power

Supply Agreements (including those related to retail rates) in Luzon

3. All ERC rules, regulations, rulings, orders or resolutions in connection with any violation of the must-offer rule under Section 3.5.5.1 of the WESM Rules and Section 7-4.3 of the WESM Market Surveillance, Compliance and Enforcement Manual

4. All ERC rules, regulations, rulings, orders or resolutions relating to anti-competitive behavior in the electric power industry and imposition of any fines and penalties against such companies

5. Report of ERC on collusion or any similar investigation on the November 2013 generation cost hike

6. Minutes and all documents related to the December 9 Letter, including how decisions are being made by the ERC

PHILIPPINE ELECTRICITY MARKET CORPORATION 1. Offers of all PSALM -owned power plants at WESM from

November 1- December 31, 2013 2. Offers of all WESM participants from November 1 -

December 31, 2013 (including quantity of price)


3. Market clearing price on a per hour interval at WESM from November 1 - December 31, 2013 (including the power plants that set the price, as well as the quantity and price)

4· Offers of all WESM participants during the 2010 and 2012 Malampaya shutdown

5· Market clearing price on a per hour interval at WESM during the 2010, 2011 and 2012 Malampaya shutdown (including the power plants that set the price)

6. Dates/times and names of Generation Companies that cleared at P62/kWh from November 1 - December 31, 2013

7· Reports or correspondences (to the DOE, NGCP, TRANSCO, generation companies) relating to any significant variations in the trading from November 1-December 31, 2013 and the shutdown of power plants during the 2013 Malampaya shutdown

8. Generation offers of Malaya for 2010, 2011, 2012 and 2013 during Malampaya shutdown and entire period of 2013

NGCP /NATIONAL TANSMISSION CORPORATION 1. Dispatch protocols and internal rules on dispatch of

power plants 2. Instructions from PEMC or DOE from November 1 -

December 31, 2013 in relation to all power plants in Luzon and the dispatch/ non dispatch of such power plants

3. Minutes of meetings with generation companies relating to the shutdown of Malampaya in 2010, 2011, 2012 and 2013

4. Submitted and approved Scheduled Outages of all power plants for 2013

5. Notification of forced outage by Malaya to the NGCP and DOE during the Malampaya shutdown in 2013

6. Status of the grid for the entire year (2013) 7. Ownership structure of NGCP, including list of its

affiliates and subsidiaries, and list of Directors and Officers for 2010, 2011, 2012 and 2013

POWER SECTOR ASSETS AND LIABILITIES MANAGEMENT CORPORATION (PSALM) 1. List of all power plants and power plant owners

(including stockholders) and the percentage ownership of installation targets (per grid and entire Philippines) of such power plant owners

2. List of all independent power producer administrators (IPP A) and the power plants and related contracts they administer

3. Contracts currently and previously awarded to Salcon Power Corporation to operate and maintain Malaya Power Plant

Notice of Resolution - 16- G.R. No. 210245, et al. January 21, 2014

4. Nominations (November 1 - December 31, 2013)

GENERATION COMPANIES 1. Power Supply Agreements, bilateral agreements and

other related documens with MERALCO and other existing customers (with a summary of day-ahead and week-ahead nominated capacities)

2. Day-Ahead Capacity Availability Schedule and related documents (November 1- December 31, 2013)

3. Meralco Nomination Schedule and dispatch instructions for November 1- December 31, 2013

4. Supervisory Control and Data Acquisition (SCADA) Reports from November 1- December 31, 2013.

The Chief Justice further announced, in open court, that continuation of the oral arguments in these cases is SET on February 4, 2014 and February 11, 2014, Tuesdays, at 2:00 P.M., same venue." PerlasBernabe, J., no part. (adv1)

Very truly yours,

ENR1--f~AL for~ ~f Court \\

Resolution

Atty. MARIA CRISTINA P. YAMBOT (x) Counsel for Petitoners in G. R. No. 210245 45 K-7th St., Brgy. West Kamias Quezon City

Atty. RENE A. V. SAGUISAG (x) Counsel for Petitioners in G. R. No. 210255 4045 Bigasan St., Brgy. Palanan Makati City

Atty. NELSON A. LOYOLA (x) Counsel for Petitioners in G. R. No. 210255 Suite 201 Carreon Bldg. 2746 Zenaida St., Brgy. Poblacion Makati City

Atty. RONNIE B. RODILLAS (x) Counsel for Petitioners in G. R. No. 210255 137 Libis Gochuico St., Circumferential Road 3 Caloocan City

Atty. Leonard S. De Vera (x) Collaborating Counsel in G. R. No. 210255 Penthouse B, Windsor Tower 163 Legaspi Street, Legaspi Village Makati City

Attys. Edre U. Olalia, Julian F. Oliva, Jr. & Ephraim B. Cortes (x) National Union of People's Lawyers Collaborating Counsel in G. R. No. 210245 3/F Erythrina Building No. 1 Matatag cor. Maaralin Streets, Central District Quezon City

.. .......-,....PUBLIC INFORAMTION OFFICE (x)

JUDICIAL RECORDS OFFICE (x) Supreme Court

The SOLICITOR GENERAL (x) 134 Amorsolo St., Legaspi Village Makati Cit y1229

Attys. Roy Enrico C. Santos, Luther D. Ramos, Ruben Gerald V. Ricasata Ill & Zann Paolo L. Pacificador (x) Puyat Jacinto & Santos Counsel for MASINLOC Power Partners Company

Ltd. (MPPCL) 5th & 12th Floors, VGP Center 6722 Ayala Avenue, Makati City

Attys. ~Jajha Katrina J. Estrella, Rowena M. Salonga & Rafael A. Evangelista (x) Puyat Jacinto & Santos Counsel for Respondent Sem-Calaca Power Corp. 5th & 12th Floors, VGP Center (formerly The Manila

Bank Building ) 6722 Ayala Avenue, Makati City

- 17- G. R. No.2010245,210255 and 201502 January 21, 2014

Attys. Francis Saturnino C. Juan, Debora Anastacia T. Layugan, & Grace V. Lu-Santos (x) Counsel for Respondent ENERGY REGULATORY COMMISSION 16/F Pacific Center Bldg., San Miguel Avenue Pasig City

Atty. Ranulfo M. Ocampo (x) Counsel for Private Electric Power Operators Association (PEPOA) 8/F Strata 100 Bldg., F. Ortigas Jr. Road, Ortigas Center Pasig City

Attys. ALEXANDER J. POBLADOR & NICK EMMANUEL C. VILLALUZ (x) Poblador Bautista & Reyes Counsel for San Miguel Energy Corporation, South Premiere Power Corporation & Strategic Power Development Corporation 5th Floor, SEDCCO Bldg., 120 Rada corner Legaspi Streets, Legaspi Village Makati City

Attyd. ALAN T. ASCALON & JOHN HENRY C. LIQUETE (x)

Counsel for Trans-Asia Power Generation Corporation Levell I, Phinma Plaza 39 Plaza Drive, Rockwell Center Makati City .

DEPARTMENT OF ENERGY (x) c/o Secretary Carlos Jericho L. Petilla Energy Center, Rizal Drive Bonifacio Global City, Taguig City

ENERGY REGULATORY COMMISSION Pacific Centre Buidling (x) San Miguel Avenue, Pasig City

MANILA ELECTRIC COMPANY (x) Lopez Building, Ortigas Avenue Pasig City

SEM-CALACA POWER CORPORATION (x) 2/F DMCI Plaza Building 2281 Don Chino Roces Ext., Brgy. Magallanes Makati City

MASINLOC POWER PARTNERS CORPORATION (x) 18th Floor Bench Tower 30th Street, corner Rizal Drive Bonifacio Global City, Taguig, Metro Manila

Atty. HELENA ROSALES-CALO (x) Counsel for THERMA LUZON INCORPORATED Puno & Puno Law Offices 12/F East Tower Philippine Stock Exchange Center Exchange Road, Pasig City

()

Resolution

PHILIPPINE ELECTRICITY MARKET CORPORATION (x)

9th and 18th Floor, Robinsons, Equitable Tower ADB Avenue, Ortigas Center Pasig City 1600

FIRST GAS POWER CORPORATION 3/F Benpres Building (x) Exchange Road cor. Meralco Avenue Ortigas Center, Pasig City

SOUTH PREMIERE POWER CORPORATION (x) 808 Building, Meralco Avenue cor. Gen. Lim Street San Antonio Village, Pasig City

SAN MIGUEL ENERGY CORPORATION (x) 808 Building, Meralco Avenue cor. Gen. Lim Street San Antonio Village, Pasig City

QUEZON POWER (PHILS.) LTD. CO. (reg) 62 H. dela Costa, Mauban Quezon Province

THERMA LUZON, INC. (x) NAC Tower, 32nd Street Bonifacio Global City, Taguig

FGP CORP. (x) 3/F Benpres Building Exchange Road cor. Meralco Avenue Ortigas Center, Pasig City

NATIONAL GRID CORPORATION OF THE PHILIPPINES (x) NGCP Building Quezon Avenue corner BIR Road Diliman, Quezon City 1100

1590 ENERGY CORPORATION (x) Unit 107 First Midland Office Condominium Building Gamboa Street, Legaspi Village, Makati

AP RENEWABLES, INC. (x) 15/F NAC Tower, 32nd Street Bonifacio Global City, Taguig City

BAC-MAN ENERGY DEVELOPMENT CORPORATION/ BAC-MAN GEOTHERMAL, INC. (x) 38/F One Corporate Centre Julia Vargas corner Meralco Avenue Ortigas Center, Pasig City 1605

FIRST GEN HYDRO POWER CORPORATION (x) 3/F Benpres Building Exchange Road cor. Meralco Avenue Ortigas Center, Pasig City

GNPOWER MARIVELES COAL PLANT LTD. CO. (x) 1905 Orient Square Building Don Francisco Ortigas Jr. Road Ortigas Center, Pasig City

- 18- G. R. No.2010245,210255 and 201502 January 21, 2014

PANASIA ENERGY, INC. (x) Unit 3204-B 32nd Fir. PSE Bldg. East Tower Exchange Road, Ortigas Center, Pasig City

POWER SECTOR ASSETS & LIABILITIES MANAGEMENT CORPORATION (x) th Floor Bankmer Building 6756 Ayala Avenue, Makati City

SN ABOITIZ POWER- BENGUET, INC. SN ABOITIZ POWER- MAGAT, INC. (x) 10/F NAC Tower, 32nd Street Bonifacio Global City, Taguig

STRATEGIC POWER DEVELOPMENT CORPORATION (x)

2nd Floor, 808 Building Meralco Avenue cor. General Lim Street San Antonio Village, Pasig City 1600

TRANS-ASIA POWER GENERATION CORPORATION (x)

11th Floor PHINMA Plaza 39 Plaza Drive, Rockwell Center Makati City 1200 VIVANT STA. CLARA NORTHERN RENEWABLES GENERATION CORPORATION (x) Unit 107, pt Midland Office Condominium Bldg. Gamboa Street, Legaspi Village Makati City

THERMA MOBILE, INCORPORATED (x) Ground Floor, Philippine Fisheries Devt. Authority Complex Bldg., Navotas, Metro Manila

Attys. Mario Luza Bautista, Joseph Joemer C. Perez, and Krizelle Marie F. Poblacion (x) Counsel for third-party respondents First Gas Power Corporation, FGP Corporation, Bac-Man Energy Development Corporation, Bac-Man Geothermal, Inc. and First Gen Hydro Power Corporation 5th Floor SEDDCO 1 Building, 120 Rada corner Legaspi Streets, Legaspi Village, Makati City

Attys. Monalisa C. Dimalanta, Joshua Gilbert F. Paraiso, Jessica Kristine F. Hilado and Maria Theresa Vivian L. Ventura (x) Counsel for respondent Quezon Power (Philippines) Limited Co. 5th and 1th Floors VGP Center (formerly the Manila Bank Building), 6772 Ayala Avenue, Makati City

Attys. Alexander J. Poblador and Nick Emmanuel C. Villaluz (x) Counsel for respondents San Miguel Energy Corporation, South Premiere Power Corporation and Strategic Power Development Corporation 5th Floor, SEDCCO Building, 120 Rada corner Legaspi Streets, Legaspi Village, Makati City

Resolution

Attys. Roderica V. Puno, Helena Rosales-Calo, Richie Avigale Ramos-Pilares and Kristie Auriel T. Enriquez (x) Counsel for respondents Therma Luzon, Inc. (TLI) and Therma Mobile, Inc. (TMO) 12th Floor, East Tower, Philippine Stock Exchange Center, Exchange Road, Ortigas Center, Pasig City

Justice Florentino P. Feliciano (ret.), Atty. Roberto C. San Juan and Law Firm of Sycip Salazar Hernandez and Gatmaitan (x) 4th Floor, SyCip Law Center, 105 Paseo de Roxas Makati City 1226

Attys. Joan A. Giduquio-Baron and Marvey Jumoad Arnoco (x) Counsel for respondent 1590 Energy Corporation and Vivant Sta. Clara Northern Renewables Generration Corporation Units 1501-1502, 15th Floor, Ayala Life-FGU Center, Mindanao Avenue cor. Biliran Road, Cebut Business Park, Cebu City (reg)

Attys. Emmanuel P.J. Tamase and Glenda Isabel L. Biason (x) Counsel for third party respondent Pan-Asia Energy, Inc. lth Floor, PDCP Bank Centre, corner Rufino and Leviste Streets, Salcedo Village, Makati City

Gov't Corporate Counsel Raoul C. Creencia, Attys. Elpidio J. Vega, Efren B. Gonzales and Kathrina Maria A. Reyes (x) Office of the Gov't Corporate Counsel Counsel for Petitioner 3'd Fir., MWSS Building, Katipunan Road Balara, Quezon City

Attys. Criselda S. Martin-Funelas, Celina R. Encarnacion, Caryl Miriam Y. Lopez, Gladys Evette Nebab and Maria and Maria Lourdes A. Sabundayo (x) Counsel for respondent Philippine Electricity Market Corporation (PEMC) 18th Floor, Robinsons-Equitable Tower, ADB Avenue corner Poveda Street, Ortigas Center, Pasig City

G. R. No. 210245, 210255 & 210502 wmd 1/21/14 (advl) 1/123/1.4

- 19- G. R. No.2010245,210255 and 201502 January 21, 2014

~trrur~Hr nrrf t~t )r~m,,rrlu~

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ENBANC

G.R. No. 210245 (Bayan Muna Representatives Neri Javier Colmenares and Carlos Isagani Zarate, Gabriela Women's Party Representatives Luz Ilagan and Emmi de Jesus, Act Teachers Party List Representative Antonio Tinio, and Kabataan Party-List Representative Terry Ridon vs. Energy Regulatory Commission [ERC] and Manila Electric Company [MERALCO]); G.R. No. 210255 (National Association of Electricity Consumers for Reforms [NASECORE], represented by Petronilo L. Ilagan, Federation of Village Associations [FOVA], represented by Siegfriedo A. Veloso, Federation of Las Pifias Homeowners Association [FOLPHA], represented by Bonifacio Dazo and Rodrigo C. Domingo, Jr. vs. Manila Electric Company [MERALCO], Energy Regulatory Commission (ERC) and Department of Energy [DOE]); and G.R. No. 210502 (Manila Electric Company [MERALCO] vs. Philippine Electricity Market Corporation, First Gas Power Corporation, South Premiere Power Corporation, San Miguel Energy Corporation, Masinloc Power Partners Co., Ltd., Quezon Power (Phils.) Ltd. Co., Therma Luzon, Inc., Sem-Calaca Power Corporation, FGP Corporation and National Grid Corporation of the Philippines, and the following generation companies that trade in the WESM, namely: 1590 Energy Corporation, AP Renewables, Inc., Bac-Man Energy Development Corporation/Bac-Man Geothermal, Inc., First Gen Hydro Power Corporation, GNPower Mariveles Coal Plant Ltd. Co., PANASIA Energy Holdings, Inc., Power Sector Assets and Liabilities Management Corporation, SN Aboitiz Power, Strategic Power Development Corporation, Trans-Asia Power Generation Corporation and Vivant Sta. Clara Northern Renewables Generation Corporation) x-----------------------------------------------------------------------------------------x

AMENDED ADVISORY

For the orderly proceeding of the Oral Arguments on the aboveentitled cases scheduled on January 21, 2014 at 2:00 p.m., the parties are required to observe the following guidelines:

I. The parties shall limit their presentation for oral argumentation

Advisory - 2 -

on the following issues:

G.R.l'Jo.210245,210255 and 210502



C. Whether or not the Energy Regulatory Commission, in its approval contained in the letter dated December 9, 20 13 of MERALCO's December 5, 2013 request committed grave abuse of discretion, in that:


n. it violates its mandate under the Constitution and Rep. Act No. 9136 (EPIRA law) to protect the public from anti-competitive practices and market abuse;

D. Whether or not the amendment to Section 4( e), Rule 3 of the EPIRA law's Implementing Rules and Regulations allowing automatic rate adjustments or increases to recover generation costs violates due process and the declared policy of the EPIRA law; Corollarily, whether or not ERC Resolution Nos. 10-01, 10-04, both series of 2004, and the December 9, 2013 letter of the Energy Regulatory Commission are valid;




H. Whether or not the Petitioners are entitled to the reliefs

Advisory

requested.

- 3- G.R.No.210245,210255 and 210502

II. The parties in this case are: the petitiOners, the original respondents (MERALCO, ERC, and DOE), the intervenors, and the additional respondents (PEMC, NGCP, Power Generation Companies) impleaded by Order of this Court dated January 9, 2014 and through the "counter petition" ofMeralco.

A. The Parties will be heard in that order, with the following time allocation for each:

1. Petitioners 2.MERALCO 3. ERC and DOE 4. Intervenors 5. Additional Respondents

thirty (30) minutes forty ( 40) minutes thirty (30) minutes thirty (30) minutes forty ( 40) minutes

B. In case there will be more than one lawyer that will argue for a party, the lead counsel shall determine how to share the time allocation with their co-counsels.

C. The list of lawyers who will argue and their assignments shall be filed through a Manifestation no later than 12 o'clock noon of January 20, 2014.

III. On January 15, 2014, respondent PEMC filed an Entry of Appearance and Manifestation waiving its right to present in the oral arguments. On January 16, 2014, respondents PSALM and NGCP filed their respective Manifestations also waiving their right to participate in the oral arguments. These Manifestations are DENIED. Respondents PEMC, PSALM, and NGCP are hereby required to present during the scheduled oral arguments.

IV. In view of the complexity of the issues material to the present consolidated cases which may require some technical clarification during the oral arguments, the Secretary of the Department of Energy, the Chairman of the Energy Regulatory Commission, and the President of the Philippine Electricity Market Corporation are directed to attend the Oral Arguments. When called upon, they are expected to be able to competently and completely answer questions related to, among others, their processes and procedures.

V. The National Engineering Center, through Professor Rowaldo

Advisory - 4- G.R.No.210245,210255 and 210502

Del Mundo, and the UP School of Economics, through Dr. Maria Joy V. Abrenica, are hereby appointed as amici curiae. They shall have 1 0 minutes each to present during the oral arguments, after all the parties are done with their respective presentations.

VI. The interpellation by the Members of the Court will immediately follow after each presentation of arguments.

VII. The time allotted for counsels to argue shall be exclusive of the time devoted to interpellation by the Members of the Court.

VIII. The Members of the Court maintain their privilege to ask any question on any relevant matter or require submission of any document necessary for an enlightened resolution of the foregoing consolidated cases.

IX. Any document to be presented and all slide presentations for the oral arguments, if any, should be submitted to the Clerk of Court no later than 12:00 o'clock noon of Monday preceding the date of the oral arguments in both its paper and digital forms. All opposing parties should be served with these documents and slide presentations during the oral arguments.

X. All other matters not covered by the oral arguments but properly raised in the pleadings shall not be considered eliminated as issues, but shall be discussed and argued in the written memoranda to be required of the concerned parties.

XI. All parties are advised to strictly comply with the Efficient Use of Paper Rule in A.M. No. 11-9-4-SC dated November 13, 2012, especially with respect to Supreme Court bound papers.

January 24, 2014

ENRia~pAL ~r~,ofCourt~

Amended Advisory

Honorable Maria Lourdes P. A. Sereno (x) Chief Justice Han. Antonio T. Carpio (x) Hon. Presbitero J. Velasco. Jr. (x) Hon. Teresita J. Leonardo-de Castro (x) Hon. Arturo D. Brion (x) Hon. Diosdado M. Peralta (x) Hon. Lucas P. Bersamin (x) Han. Mariano C. Del Castillo (x) Hon. Roberto A. Abad (x) Hon. Martin S. Villarama, Jr. (x) Hon. Jose P. Perez (x) Hon. Jose C. Mendoza (x) Hon. Bienvenido L. Reyes (x) Hon. Estela M. Perlas-Bernabe (x) Hon. Marvic Mario Victor F. Leonen (x) Associate Justices Supreme Court

Atty. MARIA CRISTINA P. YAMBOT (x) Counsel for Petitoners in G. R. No. 210245 45 K-Jih St., Brgy. West Kamias Quezon City




Atty. Leonard S. De Vera (x) Collaborating Counsel in G. R. No. 210255 Penthouse B, Windsor Tower 163 Legaspi Street, Legaspi Village Makati City

Attys. Edre U. Olalia, Julian F. Oliva, Jr. & Ephraim B. Cortes (x) National Union of People's Lawyers Collaborating Counsel in G. R. No. 210245 3/F Erythrina Building No. 1 Matatag cor. Maaralin Streets, Central District Quezon City

,..-P{:ffi[IC INFORAMTION OFFICE (x) JUDICIAL RECORDS OFFICE (x) Supreme Court


- 5- G. R. No.2010245,210255 and 201502 January 24, 2014

Attys. Roy Enrico C. Santos, Luther D. Ramos, Ruben Gerald V. Ricasata Ill & Zann Paolo L. Pacificador (x) Puyat Jacinto & Santos Counsel for MASINLOC Power Partners Company

Ltd. (MPPCL) 5th & 12th Floors, VGP Center 6722 Ayala Avenue, Makati City

Attys. Najha Katrina J. Estrella, Rowena M. Salonga & Rafael A. Evangelista (x) Puyat Jacinto & Santos Counsel for Respondent Sem-Calaca Power Corp. 5th & 12th Floors, VGP Center (formerly The Manila

Bank Building ) 6722 Ayala Avenue, Makati City

Attys. Francis Saturnino C. Juan, Debora Anastacia T. Layugan, & Grace V. Lu-Santos (x) Counsel for Respondent ENERGY REGULATORY COMMISSION 16/F Pacific Center Bldg., San Miguel Avenue Pasig City

Atty. Ranulfo M. Ocampo (x) Counsel for Private Electric Power Operators Association (PEPOA) 8/F Strata 100 Bldg., F. Ortigas Jr. Road, Ortigas Center Pasig City

Attys. ALEXANDER J. POBLADOR & NICK EMMANUEL C. VILLALUZ (x) Poblador Bautista & Reyes Counsel for San Miguel Energy Corporation, South Premiere Power Corporation & Strategic Power Development Corporation 5th Floor, SEDCCO Bldg., 120 Rada corner Legaspi Streets, Legaspi Village Makati City

Atty. ALAN T. ASCALON & JOHN HENRY C. LIQUETE (x)

Counsel for Trans-Asia Power Generation Corporation Level II, Phinma Plaza 39 Plaza Drive, Rockwell Center Makati City




Amended Advisory

SEM-CALACA POWER CORPORATION (x) 2/F DMCI Plaza Building 2281 Don Chino Races Ext., Brgy. Magallanes Makati City

MASINLOC POWER PARTNERS CORPORATION (x) 18th Floor Bench Tower 30th Street, corner Rizal Drive Bonifacio Global City, Taguig, Metro Manila

Atty. HELENA ROSALES-CALO (x) Counsel for THERMA LUZON INCORPORATED Puno & Puno Law Offices 12/F East Tower Philippine Stock Exchange Center Exchange Road, Pasig City


9th and 18th Floor, Robinsons, Equitable Tower ADB Avenue, Ortigas Center Pasig City 1600



SAN MIGUEL ENERGY CORPORATION (x) 808 Building, Meralco Avenue cor. Gen. Lim Street San Antonio Village, Pasig City




NATIONAL GRID CORPORATION OF THE PHILIPPINES (x) NGCP Building Quezon Avenue corner BIR Road Diliman, Quezon City 1100


- 6 - G. R. No.2010245,210255 and 201502 January 24, 2014

AP RENEWABLES, INC. (x) 15/F NAC Tower, 32nd Street Bonifacio Global City, Taguig City



GNPOWER MARIVELES COAL PLANT LTD. CO. (x) 1905 Orient Square Building Don Francisco Ortigas Jr. Road Ortigas Center, Pasig City PANASIA ENERGY, INC. (x) Unit 3204-B 32nd Fir. PSE Bldg. East Tower Exchange Road, Ortigas Center, Pasig City

POWER SECTOR ASSETS & LIABILITIES MANAGEMENT CORPORATION (x) J~h Floor Bankmer Building 6756 Ayala Avenue, Makati City

SN ABOITIZ POWER- BENGUET, INC. SN ABOITIZ POWER- MAGAT, INC. (x) 10/F NAC Tower, 32nd Street Bonifacio Global City, Taguig


2nd Floor, 808 Building Meralco Avenue cor. General Lim Street San Antonio Village, Pasig City 1600


11th Floor PHINMA Plaza 39 Plaza Drive, Rockwell Center Makati City 1200 VIVANT STA. CLARA NORTHERN RENEWABLES GENERATION CORPORATION (x) Unit 107, 1st Midland Office Condominium Bldg. Gamboa Street, Legaspi Village Makati City


Amended Advisory

Attys. Mario Luza Bautista, Joseph Joemer C. Perez, and Krizelle Marie F. Poblacion (x) Counsel for third-party respondents First Gas Power Corporation, FGP Corporation, Bac-Man Energy Development Corporation, Bac-Man Geothermal, Inc. and First Gen Hydro Power Corporation 5th Floor SEDDCO I Building, 120 Rada corner Legaspi Streets, Legaspi Village, Makati City

Attys. Monalisa C. Dimalanta, Joshua Gilbert F. Paraiso, Jessica Kristine F. Hilado and Maria Theresa Vivian L. Ventura (x) Counsel for respondent Quezon Power (Philippines) Limited Co. 5th and 12th Floors VGP Center (formerly the Manila Bank Building), 6772 Ayala Avenue, Makati City

Attys. Alexander J. Poblador and Nick Emmanuel C. Villaluz (x) Counsel for respondents San Miguel Energy Corporation, South Premiere Power Corporation and Strategic Power Development Corporation 5th Floor, SEDCCO Building, 120 Rada corner Legaspi Streets, Legaspi Village, Makati City

Attys. Roderica V. Puno, Helena Rosales-Calo, Richie Avigale Ramos-Pilares and Kristie Auriel T. Enriquez (x) Counsel for respondents Therma Luzon, Inc. (TLI) and Therma Mobile, Inc. (TMO) 12th Floor, East Tower, Philippine Stock Exchange Center, Exchange Road, Ortigas Center, Pasig City

Justice Florentino P. Feliciano (ret.), Atty. Roberto C. San Juan and Law Firm of Sycip Salazar Hernandez and Gatmaitan (x) 4th Floor, SyCip Law Center, 105 Paseo de Roxas Makati City 1226

Attys. Joan A. Giduquio-Baron and Marvey Jumoad Arnoco (x) Counsel for respondent 1590 Energy Corporation and Vivant Sta. Clara Northern Renewables Generration Corporation Units 1501-1502, 15th Floor, Ayala Life-FGU Center, Mindanao Avenue cor. Biliran Road, Cebut Business Park, Cebu City (reg)

Attys. Emmanuel P.J. Tamase and Glenda Isabel L. Biason (x) Counsel for third party respondent Pan-Asia Energy, Inc. 12th Floor, PDCP Bank Centre, corner Rufino and Leviste Streets, Salcedo Village, Makati City

Gov't Corporate Counsel Raoul C. Creencia, Attys. Elpidio J. Vega, Efren B. Gonzales and Kathrina Maria A. Reyes (x) Office of the Gov't Corporate Counsel Counsel for Petitioner 3'd Fir., MWSS Building, Katipunan Road Balara, Quezon City

- 7 - G. R. No.2010245,210255 and 201502 January 24, 2014

Attys. Criselda S. Martin-Funelas, Celina R. Encarnacion, Caryl Miriam Y. Lopez, Gladys Evette Nebab and Maria and Maria Lourdes A. Sabundayo (x) Counsel for respondent Philippine Electricity Market Corporation (PEMC) 18th Floor, Robinsons-Equitable Tower, ADB Avenue corner Poveda Street, Ortigas Center, Pasig City

Professor Rowaldo Del Mundo (x) U.P. National Engineering Center Juinio Hall corner Agoncillo St. Osmena Avenue, U.P. Diliman, Quezon City 1101

Dr. Maria Joy V. Abrenica (x) U.P. School of Economics Guerrero corner Osmena Sts. U.P. Diliman, Quezon City

G. R. No. 210245, 210255 & 210502 wmd (AMENDED ADVISORY)

()

~rwMMilt~ ~f t~r lf~mwwrrMt$i

j;urrrnm1e ~nrrllllrl ~atllli~mJ

ENBANC

G.R. No. 210245 (Bayan Muna Representatives Neri Javier Colmenares and Carlos Isagani Zarate, Gabriela Women's Party Representatives Luz !lagan and Emmi de Jesus, Act Teachers Party List Representative Antonio Tinio, and Kabataan Party-List Representative Terry Ridon vs. Energy Regulatory Commission [ERC] and Manila Electric Company [MERALCO]); G.R. No. 210255 (National Association of Electricity Consumers for Reforms [NASECORE], represented by Petronilo L. !lagan, Federation of Village Associations [FOV A], represented by Siegfriedo A. Veloso, Federation of Las Pifias Homeowners Association [FOLPHA], represented by Bonifacio Dazo and Rodrigo C. Domingo, Jr. vs. Manila Electric Company [MERALCO], Energy Regulatory Commission (ERC) and Department of Energy [DOE]); and G.R. No. 210502 (Manila Electric Company [MERALCO] vs. Philippine Electricity Market Corporation, First Gas Power Corporation, South Premiere Power Corporation, San Miguel Energy Corporation, Masinloc Power Partners Co., Ltd., Quezon Power (Phils.) Ltd. Co., Therma Luzon, Inc., Sem-Calaca Power Corporation, FGP Corporation and National Grid Corporation of the Philippines, and the following generation companies that trade in the WESM, namely: 1590 Energy Corporation, AP Renewables, Inc., Bac-Man Energy Development Corporation/Hac-Man Geothermal, Inc., First Gen Hydro Power Corporation, GNPower Mariveles Coal Plant Ltd. Co., PAN ASIA Energy Holdings, Inc., Power Sector Assets and Liabilities Management Corporation, SN Aboitiz Power, Strategic Power Development Corporation, Trans-Asia Power Generation Corporation and Vivant Sta. Clara Northern Renewables Generation Corporation)

x-----------------------------------------------------------------------------------------x

ADVISORY

For the orderly proceeding of the Oral Arguments on the aboveentitled cases scheduled on January 21, 2014 at 2:00 p.m., the parties are required to observe the following guidelines:

I. The parties shall limit their presentation for oral argumentation

Advisory - 2-

on the following issues:

G.R.No.210245,210255 and 210502



C. Whether or not the Energy Regulatory Commission, in its approval contained in the letter dated December 9, 2013 of MERALCO's December 5, 2013 request committed grave abuse of discretion, in that:


n. it violates its mandate under the constitution and Rep. Act No. 9136 (EPIRA law) to protect the public from anti-competitive practices and market abuse;

D. Whether or not the amendment to Section 4( e), Rule 3 of the EPIRA law's Implementing Rules and Regulation allowing automatic rate adjustments or increases to recover generation costs violates due process and the declared policy of the EPIRA law; Corollarily, whether or not ERC Resolution Nos. 10-01, 10-04, both series of 2004, and the December 9, 2013 letter of the Energy Regulatory Commission are valid;




H. Whether or not the Petitioners are entitled to the reliefs

Advisory

requested.

- 3- G.R.No.210245,210255 and 210502

II. The parties in this case are: the petitiOners, the original respondents (MERALCO, ERC, and DOE), the intervenors, and the additional respondents (PEMC, NGCP, Power Generation Companies) impleaded by Order of this Court dated January 9, 2014 and through the "counter petition" of Meralco.

A. The Parties will be heard in that order, with the following time allocation for each:

1. Petitioners 2.MERALCO 3. ERC and DOE 4. Intervenors 5. Additional Respondents

thirty (30) minutes forty ( 40) minutes thirty (30) minutes thirty (30) minutes forty ( 40) minutes

B. In case there will be more than one lawyer that will argue for a party, the lead counsel shall determine how to share the time allocation with their co-counsels.

C. The list of lawyers who will argue and their assignments shall be filed through a Manifestation no later than 12 o'clock noon of January 20, 2014.

III. In view of the complexity of the issues material to the present consolidated cases which may require some technical clarification during the oral arguments, the Secretary of the Department of Energy, the Chairman of the Energy Regulatory Commission, and the President of the Philippine Electricity Market Corporation are directed to attend the Oral Arguments. When called upon, they are expected to be able to competently and completely answer questions related to, among others, their processes and procedures.

IV. The interpellation by the Members of the Court will immediately follow after each presentation of arguments.

V. The time allotted for counsels to argue shall be exclusive of the time devoted to interpellation by the Members of the Court.

VI. The Members of the Court maintain their privilege to ask any question on any relevant matter or require submission of any document necessary for an enlightened resolution of the foregoing consolidated cases.

Advisory - 4- G.R. 1\Jo. 210245,210255 and 210502

VII. Any document to be presented and all slide presentations, if any, should be submitted to the Clerk of Court no later than 12:00 o'clock noon of Monday preceding the date of the oral arguments in both its paper and digital forms. All opposing parties should be served with these documents and slide presentations during the oral arguments.

VIII. All other matters not covered by the oral arguments but properly raised in the pleadings shall not be considered eliminated as issues, but shall be discussed and argued in the written memoranda to be required of the concerned parties.

IX. All parties are advised to strictly comply with the Efficient Use of Paper Rule in A.M. No. 11-9-4-SC dated November 13, 2012, especially with respect to Supreme Court bound papers.

January 15, 2014

ENRia~V~DAL /S~r~ of Court~

Advisory

Honorable Maria Lourdes P. A. Sereno (x) Chief Justice Hon. Antonio T. Carpio (x) Hon. Presbitero J. Velasco. Jr. (x) Hon. Teresita J. Leonardo-de Castro (x) Hon. Arturo D. Brion (x) Hon. Diosdado M. Peralta (x) Hon. Lucas P. Bersamin (x) Hon. Mariano C. Del Castillo (x) Hon. Roberto A. Abad (x) Hon. Martin S. Villarama, Jr. (x) Hon. Jose P. Perez (x) Hon. Jose C. Mendoza (x) Hon. Bienvenido L. Reyes (x) Hon. Estela M. Perlas-Bernabe (x) Hon. Marvic Mario Victor F. Leonen (x) Associate Justices Supreme Court

Atty. MARIA CRISTINA P. YAMBOT (x) Counsel for Petitoners in G. R. No. 210245 45 K-Jih St., Brgy. West Kamias Quezon City


Atty. NELSON A. LOYOLA (x) Counsel for Petitioners in G. R. No. 210255 Suite 201 Carreon Bldg. 27 46 Zenaida St., Brgy. Poblacion Makati City


·---..Pt1BLIC INFORAMTION OFFICE (x) JUDICIAL RECORDS OFFICE (x) Supreme Court





-5- G. R. No.2010245,210255 and 201502

SEM-CALACA POWER CORPORATION (x) 2/F DMCI Plaza Building 2281 Don Chino Races Ext., Brgy. Magallanes Makati City

MASINLOC POWER PARTNERS CORPORATION (x) 18th Floor Bench Tower 30th Street, corner Rizal Drive Bonifacio Global City

THERMA LUZON INCORPORATED (x) NAC Tower, 32"d Street, Fort Bonifacio Global City


gth and 18th Floor, Robinsons, Equitable Tower ADB Avenue, Ortigas Center Pasig City 1600



SAN MIGUEL ENERGY CORPORATION 808 Building, Meralco Avenue cor. Gen. Lim Street San Antonio Village, Pasig City


THERMA LUZON, INC. (x) NAC Tower, 32"d Street Bonifacio Global City, Taguig


NATIONAL GRID CORPORATION OF THE PHILIPPINES (x) Quezon Avenue corner BIR Road Diliman, Quezon City 1100


AP RENEWABLES, INC. (x) 15/F NAC Tower, 32"d Street Bonifacio Global City, Taguig City

Advisory




PANASIA ENERGY HOLDINGS, INC. (x) 2"d Floor 808 Building Meralco Avenue, Pasig City 1600

POWER SECTOR ASSETS & LIABILITIES MANAGEMENT CORPORATION (x) th Floor Bankmer Building 6756 Ayala Avenue, Makati City

SN ABOITIZ POWER- BENGUET, INC. SN ABOITIZ POWER- MAGAT, INC. (x) 10/F NAC Tower, 32"d Street Bonifacio Global City, Taguig


2"d Floor, 808 Building Meralco Avenue cor. General Lim Street San Antonio Village, Pasig City 1600


111h Floor PHINMA Plaza

39 Plaza Drive, Rockwell Center Makati City 1200

VIVANT STA. CLARA NORTHERN RENEWABLES GENERATION CORPORATION (x) Unit 107, 1'1 Midland Office Condominium Bldg. Gamboa Street, Legaspi Village Makati City


G. R. No. 210245, et al. fam (advisory)

-6- G. R. No.2010245,210255 and 201502

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EN BANC

Bayan Muna Representatives NERI JAVIER COLMENARES and CARLOS ISA GANI ZARATE, Gabriela Women's Party Representatives LUZ ILA.GAN and EMMI DE JESUS, Act Teachers Party-List Representative ANTONIO TINIO and Kabataan Party-List Representative TERRY RIDON,

G.R. No. 210245

Petitioners,

-versus -

ENERGY REGULA.TORY COMMISSION and MANILA ELECTRIC COMPANY,

Respondents. X - - - - - - - - - - - - - - - - - - - - - -X

NATIONAL ASSOCIATION OF ELECTRICITY CONSUMERS FOR REFORMS, represented by Petronila L. Ilagan, FEDERATION OF VILLA.GE ASSOCIATIONS, represented by Siegfriedo A. Veloso, FEDERATION OF LAS PINAS HOMEOWNERS ASSOCIATION, represented by Bonifacio Dazo, and RODRIGO C. DOMINGO, JR.,

Petitioners,

-versus-

MANILA COMPANY, REGULA.TORY

ELECTRIC ENERGY

G.R. No. 210255

ORDER

Order

·-.. COMMISSION and : DE:l>AR~ENT OF ENERGY, , · . . . .Respopdents .

.... . ·:·: :){- ,:;. :.. ~ ..: --_: -·.~: ;. ... - ---------x .. ~!\".•:

2 G.R. Nos. 210245 & 210255 January 10, 2014

TO: PHILIPPINE ELECTRICITY MARKET CORPORATION (x) 9th and 18th Floors, Robinsons Equitable Tower ADB Avenue, Ortigas Center Pasig City 1600

FIRST GAS POWER CORPORATION (x) 3/F Benpres Building Exchange Road cor. Meralco Avenue Ortigas Center, Pasig City

SOUTH PREMIERE POWER CORPORATION (x) 808 Building, Meralco Avenue cor. Gen. Lim Street Ortigas Center, Pasig City

SAN MIGUEL ENERGY CORPORATION (x) 808 Building, Meralco Avenue cor. Gen. Lim Street Ortigas Center, Pasig City

MASINLOC POWER PARTNERS CO. LTD. (x) 18/F Bench Tower, 30th Street corner Rizal Drive Bonifacio Global City



SEM-CALACA POWER CORPORATION (x) 2/F DMCI Plaza Building 2281 Don Chino Roces Extension Brgy. Magallanes, Makati City

FGP CORPORATION (x) 3/F Benpres Building Exchange Road cor. Meralco Avenue Ortigas Center, Pasig City

NATIONAL GRID CORPORATION OF THE PHILIPPINES (x) Quezon Avenue corner BIR Road Diliman, Quezon City 1100


Order 3

AP RENEW ABLES, INC. (x) 15/F NAC Tower, 32nd Street Bonifacio Global City, Taguig City

G.R. Nos. 210245 & 210255 January 10, 2014




PANASIA ENERGY HOLDINGS, INC. (x) 2nd Floor 808 Building Meralco Avenue, Pasig City 1600

POWER SECTOR ASSETS & LIABILITIES MANAGEMENT CORPORATION (x) J1h Floor Bankmer Building 6756 Ayala Avenue, Makati City

SN ABOITIZ POWER - BENGUET, INC. (x) SN ABOITIZ POWER - MAGAT, INC. (x) 10/F NAC Tower, 32nd Street Bonifacio Global City, Taguig

STRATEGIC POWER DEVELOPMENT CORPORATION (x) 2nd Floor, 808 Building Meralco Avenue cor. General Lim Street San Antonio Village, Pasig City 1600

TRANS-ASIA POWER GENERATION CORPORATION (x) nth Floor PHINMA Plaza 39 Plaza Drive, Rockwell Center Makati City 1200

VIV ANT STA. CLARA NORTHERN RENEW ABLES (x) GENERATION CORPORATION Unit 107, 1st Midland Office Condominium Bldg. Gamboa Street, Legaspi Village Makati City

f

Order

GREETINGS:

4 G.R. Nos. 210245 & 210255 January 10, 2014

WHEREAS, MERALCO filed on January 9, 2014 a Manifestation that they were constrained to file their Consolidated Comment/Opposition with Counter-Petition by registered mail explaining that their messenger reached the Court's Receiving Section at 5:05 p.m. of January 8, 2014;

WHEREAS, MERALCO filed a Consolidated Comment/Opposition with Counter-Petition by registered mail on January 8, 2014;

WHEREAS, their Consolidated Comment/Opposition with CounterPetition included a prayer to join as parties-respondents in these cases, the Philippine Electricity Market Corporation, First Gas Power Corporation, South Premiere Power Corporation, San Miguel Energy Corporation, Masinloc Power Partners Co., Ltd., Quezon Power (Phils.) Ltd. Co., Therma Luzon, Inc., Sem-Calaca Power Corporation, FGP Corporation and National Grid Corporation of the Philippines, and the following generation companies that trade in the WESM, namely: 1590 Energy Corporation, AP Renewables, Inc., Bat-Man Energy Development Corporation/Bae-Man Geothermal, Inc., First Gen Hydro Power Corporation, GNPower Mariveles Coal Plant, Ltd. Co., PANASIA Energy Holdings Inc., Power Sector Assets and Liabilities Management Corporation, SN Aboitiz Power, Strategic Power Development Corporation, Trans-Asia Power Generation Corporation and Vivant Sta. Clara Northern Renewables Generation Corporation;

WHEREAS, Rule 3, Section 11 of the Rules of Court recognizes that parties may be added by court order on its own initiative at any stage of the action and on such terms as are just;

NOW, THEREFORE, the Manifestation and the Consolidated Comment/Opposition with Counter-Petition filed by MERALCO are NOTED;

The Counter-Petition by MERALCO shall be TREATED as in the nature of a THIRD-PARTY COMPLAINT and the prayer to include the Philippine Electricity Market Corporation, First Gas Power Corporation, South Premiere Power Corporation, San Miguel Energy Corporation, Masinloc Power Partners Co., Ltd., Quezon Power (Phils.) Ltd. Co., Therma Luzon, Inc., Sem-Calaca Power Corporation, FGP Corporation and National Grid Corporation of the Philippines, and the following generation companies that trade in the WESM, namely: 1590 Energy Corporation, AP Renewables, Inc., Bae-Man Energy Development Corporation/Bae-Man Geothermal, Inc., First Gen Hydro Power Corporation, GNPower Mariveles Coal Plant, Ltd. Co., PANASIA Energy Holdings Inc., Power Sector Assets and Liabilities Management Corporation, SN Aboitiz Power, Strategic Power Development Corporation, Trans-Asia Power Generation Corporation and Vivant Sta. Clara Northern Renewables Generation

' Order 5 G.R. Nos. 210245 & 210255 January 10, 2014

Corporation as parties-respondents in these cases is GRANTED. ME~CO is hereby ordered to PAY the corresponding docket fees;

The Petitioners in G.R. Nos. 210245 and 210255 are required to SERVE PERSONALLY on the additional party-respondents, all copies of their pleadings in these cases; and

The impleaded parties-respondents are required to (1) file and serve a COMMENT on the Petitions and Counter-Petition by personal service not later than January 20, 2014 and (2) ATIEND the initial Preliminary Conference on January 13, 2014 or FILE, on or before January 15, 2014, the NECESSARY MANIFESTATION in Court should they desire to waive their right to participate in the scheduled oral arguments on January 21, 2014.

GIVEN by authority of the Hon. MARIA LOURDES P. A. SERENO, Chief Justice of the Supreme Court of the Philippines, upon written recommendation of the Member-in-Charge, this 10th day of January 2014, in Manila, Philippines.

Copy furnished:

Atty. MARIA CRISTINA P. YAMBOT (x) Counsel for Petiteners in G. R. No. 210245 45 K-71h St., Brgy. West Kamias Quezon City



ENRl-~DAL ~of Court~

Order 6


THERMA MOBILE, INCORPORATED ( x) Ground Floor, Philippine Fisheries Devt. Authority Complex Bldg., Navotas Metro Manila

The SOLICITOR GENERAL (x) 134 Amorsolo St., Legaspi Village Makati City1229


ENERGY REGULATORY COMMISSION Pacific Centre Buidling San Miguel Avenue, Pasig City


~c INFORMATION OFFICE (x) JUDICIAL RECORDS OFFICE (x) Supreme Court

t

G.R. Nos. 210245 & 210255 January 10, 2014

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l\epublic of tbe Jtbilipptne% ~upreme ~ourt

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EN BANC

Bayan Muna Representatives NERI JAVIER COLMENARES and CARLOS ISA GANI ZARATE, Gabriela Women's Party Representatives LUZ ILAGAN and EMMI DE JESUS, Act Teachers PartyList Representative ANTONIO TINIO, and Kabataan PartyList Representative TERRY RIDON,

Petitioners,

-versus -

ENERGY REGULATORY COMMISSION and MANILA ELECTRIC COMPANY,

Respondents . .){ - - - - - - - - - - - - - - - - - - - -.){

NATIONAL ASSOCIATION OF ELECTRICITY CONSUMERS FOR REFORMS, represented by Petronila L. Ilagan, FEDERATION OF VILLAGE ASSOCIATIONS, represented by Siegfriedo A. Veloso, FEDERATION OF LAS PIN AS HOMEOWNERS ASSOCIATION, represented

G.R. No. 210245

G.R. No. 2 10255

ORDER

Order

by Bonifacio Dazo, and RODRIGO C. DOMINGO, JR.,

Petitioners,

-versus -

MANILA COMPANY, REGULATORY COMMISSION DEPARTMENT ENERGY,

ELECTRIC ENERGY

and OF

Respondents. X - - - - - - - - - - - - - - - - - - - -X

G.R. No. 210245 & 210255

January 9, 2014

TO: Atty. MARIACRISTINAP. YAMBOT (x) Counsel for Petitioners in G.R. No. 210245 45 K-?th St., Brgy. West Kamias Quezon City

Atty. RENE A.V. SAGUISAG (x) Counsel for Petitioners in G.R. No. 210255 4045 Bigasan St., Brgy. Palanan Makati City

Atty. NELSON A. LOYOLA (x) Counsel for Petitioners in G.R. No. 210255 Suite 201 Carreon Building 2746 Zenaida St., Brgy. Poblacion Makati City

Atty. RONNIE B. RODILLAS (x) Counsel for Petitioners in G.R. No. 210255 137 Libis Gochuico St., Circumferential Road 3 Caloocan City

The SOLICITOR GENERAL (x) 134 Amorsolo St., Legaspi Village Makati City


r

Order G.R. No. 210245 & 210255

January 9, 2014

ENERGY REGULATORY COMMISSION (x) Pacific Centre Building San Miguel Avenue, Pasig City

MANILA ELECTRIC COMP ANY (x) Lopez Building, Ortigas Avenue Pasig City

PHILIPPINE ELECTRICITY MARKET CORPORATION (x) 18/F Robinsons Equitable Tower, Ortigas Pasig City

SEM-CALACA POWER CORPORATION (x) 2/F DMCI Plaza Building 2281, Don Chino Races Ext., Brgy. Magallanes Makati City

MASINLOC POWER PARTNERS CORPORATION (x) Philamlife Tower, 8767, Paseo de Roxas, Makati City 1200

THERMA LUZON INCORPORATED (courier service) Aboitiz Corporate Center, Gov. Manuel Cuenca Ave., Cebu City

SAN MIGUEL ENERGY CORPORATION (x) 2/F 808 Bldg., General Lim cor. Meralco Ave., Ortigas Center Pasig City

SOUTH PREMIERE POWER CORPORATION (x) 808 Bldg., General Lim cor. Meralco Ave., Ortigas Center Pasig City


GREETINGS:

WHEREAS, the above-entitled cases are scheduled for oral arguments on January 21, 2014, Tuesday, at 2:00 p.m.;

Order G.R. No. 210245 & 210255

January 9, 2014

WHEREAS, there is a need to schedule an initial preliminary conference with the counsel of the parties to determine and/ or identify the pertinent issues raised by the parties involved and the respective order by which these issues are to be discussed in the forthcoming oral arguments;

WHEREAS, the Office of the Solicitor General filed a Manifestation and Motion on January 2, 2014 praying that it be excused from filing the Comment on behalf of public respondents Energy Regulatory Commission and the Department of Energy and that the defense of the challenged action or ruling of public respondents be undertaken by private respondent MERALCO;

WHEREAS, the petitioners alleged that respondent ERC may be "in collusion with vested oil interests in their profiteering activities"1 but failed to implead the power producers as necessary parties "for a complete determination or settlement of the claim subject of the action."; 2

WHEREAS, public records3 show that SEM-Calaca Power Corp., Masinloc Power Partners Corp., Therma Luzon Inc., San Miguel Energy Corp., South Premiere Power Corp., and Therma Mobile, Inc. have existing Power Supply Agreements with MERALCO and supplied MERALCO with power during November 2013 when the generation costs increased;

WHEREAS, the petitioners alleged that "a very high ceiling price was revealed, at P62/kWh sold at the Wholesale Electricity Spot Market (WESM), while normally the price is way below this on the average in the spot market"4 but failed to implead the Philippine Electricity Market Corporation (PEMC), which was incorporated as WESM' s governance arm, as a necessary party;

WHEREAS, a necessary party is "one who is not indispensable but who ought to be joined as a party if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action."s

WHEREAS, Rule 3, Section 9 of the Rules of Court provides that a pleader has the duty to set forth the name of the necessary party, if known, and the reason why the necessary party was omitted. If the reason given is found to be unmeritorious, "[the court] may order the inclusion of the omitted necessary party if jurisdiction over

1 GR. No. 2 10245, Petition, pp. 9 and 18. 2 Rules of Court, Rule 3, Section 8. 3 See Electricity Rate Tables from the MERALCO website. Available at:

<http://www.meralco.corn.ph/pdf/rates/201 3/December/ l 2_201 3 _ GC _ Table.pdf.> 4 GR. No. 2 10245, Petition, p. 12. 5 Rules of Court, Rule 3, Section 8.

Order

his person may be obtained."6

G.R. No. 210245 & 210255

January 9, 2014

WHEREAS, Rule 3, Section 11 of the Rules of Court recognizes that parties may be added by court order on its own initiative at any stage of the action and on such terms as are just.7

NOW, THEREFORE, You, petitioners, are hereby ordered to AMEND your Petitions to IMPLEAD the Philippine Electricity Market Corporation, SEM-Calaca Power Corp., Masinloc Power Partners Corp., Therma Luzon Inc., San Miguel Energy Corp., South Premiere Power Corp., and Therma Mobile, Inc. as necessary parties, to be filed and served personally on them on or before January 13, 2014.

These additional respondents are required to (1) file and serve a COMMENT on the Amended Petitions by personal service no later than January 20, 2014 and (2) ATIEND the initial Preliminary Conference on January 13, 2014 or FILE, on or before January 10, 2014, the NECESSARY MANIFESTATION in Court should they desire to waive their right to participate in the scheduled oral arguments on January 21, 2014.

The Motion by the Office of the Solicitor General is DENIED. Accordingly, public respondents, through the Office of the Solicitor General, are required to (1) file and serve a COMMENT on the Petitions on or before January 17, 2014 by personal service, and (2) ATIEND the initial Preliminary Conference on January 13 , 2014.

GIVEN by authority of the Hon. MARIA LOURDES P. A. SERENO, Chief Justice of the Supreme Court of the Philippines, upon written recommendation of the Member-in-Charge, this 9th day of January, 2014, in Manila, Philippines."

Copy furnished:

PUBLIC INFORMATION OFFICE (x) JUDICIAL RECORDS OFFICE (x) ROLLO ROOM (x) Supreme Court

6 Rules of Court, Rule 3, Section 9.

ENRI-~DAL /g~'ofCourt

7 Rule 11 . Misjoinder and non-joinder of parties. - Neither misjoinder nor non-joinder of parties is ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or on its own initiative at any stage of the action and on such terms as are just. Any claim against a misjoined party may be severed and proceeded with separately.

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EN BANC

Bayan Muna Representatives NERI JAVIER COLMENARES and CARLOS ISA GANI ZARATE, Gabriela Women's Party Representatives LUZ ILAGAN and EMMI DE JESUS, Act Teachers Party-List Representative ANTONIO TINIO, and Kabataan Party-List Representative TERRY RIDON,

Petitioners,

-versus -

ENERGY REGULATORY COMMISSION and MANILA ELECTRIC COMPANY,

Respondents. X - - - - - - - - - - - - - - - - - - - - - -X

NATIONAL ASSOCIATION OF ELECTRICITY CONSUMERS FOR REFORMS, represented by Petronila L. Ilagan, FEDERATION OF VILLAGE ASSOCIATIONS, represented by Siegfriedo A. Veloso, FEDERATION OF LAS PINAS HOMEOWNERS ASSOCIATION, represented by Bonifacio Dazo, and RODRIGO C. DOMINGO, JR.,

Petitioners,

-versus -

MANILA COMPANY, REGULATORY

ELECTRIC ENERGY

G.R. No. 210245

G.R. No. 210255

ORDER

Order , . , , ·' : r

~ - • If/ "

'· i

.C.QMI\PSSION and DEPARTM~NT OF ENERGY,

Respondents. X - - - - - - - - - - - - - - - - - - - - - -X

TO: Atty. MARIA CRISTINA P. YAMBOT (x) Counsel for Petitioners in G.R. No. 210245 45 K-7th St., Brgy. West Kamias Quezon City

Atty. RENE A.V. SAGUISAG (x) Counsel for Petitioners in G.R. No. 210255 4045 Bigasan St., Brgy. Palanan Makati City

Atty. NELSON A. LOYOLA (x) Counsel for Petitioners in G.R. No. 210255 Suite 201 Carreon Building 2746 Zenaida St., Brgy. Poblacion Makati City

Atty. RONNIE B. RODILLAS (x) Counsel for Petitioners in G.R. No. 210255 137 Libis Gochuico St., Circumferential Road 3 Caloocan City

The SOLICITOR GENERAL (x) 134 Amorsolo St., Legaspi Village Makati City


ENERGY REGULATORY COMMISSION (x) Pacific Centre Building San Miguel Avenue, Pasig City

MANILA ELECTRIC COMP ANY (x) Lopez Building, Ortigas Avenue Pasig City

GREETINGS:

G.R. Nos. 210245 & 210255 January 7, 2014

WHEREAS, the above-entitled cases are scheduled for oral arguments on January 21, 2014;

WHEREAS, there is need to schedule a preliminary conference with the counsels of the parties to determine and/ or identify the pertinent issues raised by the parties involved and the respective order by which these issues are to be discussed during the oral arguments;

Order G.R. Nos. 210245 & 210255 January 7, 2014

NOW, THEREFORE, You, counsels, are hereby required to (a) ATIEND the PRELIMINARY CONFERENCE on January 13, 2014, Monday, at 2:00 p.m. at the Justices' Lounge, '111 Floor, New Supreme Court Building (Annex), Padre Faura St., Ermita, Manila and/or (b) FILE, on or before the same date, the NECESSARY MANIFESTATION should you desire to waive your right to participate in the scheduled oral arguments.

GIVEN by authority of the Hon. MARIA LOURDES P. A. SERENO, Chief Justice of the Supreme Court of the Philippines, upon the written recommendation of the Member-in-Charge, this '111 day of January 2014, in Manila, Philippines.

Copy furnished:

~INFORMATION OFFICE (x) JUDICIAL RECORDS OFFICE (x) Supreme Court

EN ~DAL 1%{!! of Court f1

Advisories and Orders

Documents

Transcript of Advisories and Orders