Akbayan solons ask PNoy to remove ERC chief over power rate hike

(Updated 1:52 p.m.) Akbayan Representatives Walden Bello and Barry Gutierrez on Thursday filed an administrative complaint against Energy Regulatory Commission (ERC) chairperson Zenaida Ducut and asked President Benigno Aquino III to remove the ERC chief from her post.

In a text message to GMA News Online, Bello said the complaint was filed before the Office of the Deputy Executive Secretary for Legal Affairs (ODESLA) at 9:08 a.m. Thursday by Akbayans lawyer Juancho Torrevillas. 

 

In seeking the ouster of Ducut, the Akbayan lawmakers said she is "guilty of gross neglect of duty by tacitly approving without the barest hint of due process the unprecedented generation charges Meralco sought to pass on to consumers in the months of December 2013, February 2014, and March 2014."

 

According to Section 46 of the Revised Rules on Administrative Cases in the Civil Services, gross neglect of duty is punishable by dismissal from the service.

 

ERC had green-lighted the power rate hike previously imposed by the Manila Electric Company, which is now being contested before the Supreme Court.

 

But aside from this, Akbayan also assailed Ducut for allegedly being a "pork agent" of the "Napoles PDAF syndicate." 

 

“Pork agent noon, Meralco agent naman ngayon. I don’t understand why this inept and disreputable Arroyo holdover is still in government running a regulatory body tasked to protect consumers. It is simply outrageous,” Bello said in a statement.

 

Charges vs Ducut

 

Ducut, a former Pampanga lawmaker, was among those charged in connection with the alleged misuse of pork barrel funds.

 

In an earlier interview, Ducut said she was willing to be investigated but that she hopes she will be given "due process."

 

On Thursday, Malacañang said they will give the ERC chief an opportunity to explain her side.

“Meron naman pong itinakdang proseso, kabilang po sa prosesong ito ay yung pagtalima sa prinsipyo ng due process, bibigyan po siya ng karapatang sagutin ang mga paratang laban sa kanya,” said Presidential Communications Operations Office head Herminio "Sonny" Coloma Jr. during a press briefing.

“Hihintayin natin ang pagpapasya ng Tanggapan ng Pangulo tungkol dito,” he added.

The Palace had also said that it was up to Ducut whether she will resign or take a leave of absence while the probe is undergoing.
 
“Sa pagkaalam ko po hindi po ito required," Coloma added on Thursday.

 

But Gutierrez said the 1987 Philippine Constitution provides that the President shall have control of all the executive departments, bureaus, and offices to ensure economy and efficiency in the government.

 

“The President has the power to remove Ducut. Presidential appointees with the exception of those appointed in constitutional bodies come under the direct disciplining authority of the President,” he said.

 

He likewise said his office has the power to directly investigate graft and corrupt cases as well as grave negligence of duty of presidential appointees in the executive department, including heads of government-owned and controlled corporations. — RSJ/KBK, GMA News