A stable regulatory environment is essential for attracting investments
The stakeholders in the power sector are thankful that President Ferdinand R. Marcos Jr. has appointed former Justice Undersecretary Jesse Hermogenes Andres as Officer-in-Charge of the Energy Regulatory Commission. Mr. Andres formally assumed office last Wednesday as the chairman, OIC, and chief executive officer of the ERC.
The energy sector is critical for the country’s economy, and having a stable regulatory environment is essential for attracting investments and ensuring the smooth functioning of the energy market. As chairman, OIC and CEO of the ERC, Mr. Andres can help provide stability by helping maintain the agency’s operations and decision-making processes following the Ombudsman’s suspension of former ERC chairperson Monalisa Dimalanta.
Incidentlly, Dimalanta discussed her case in a public forum on September 19, telling media representatives in the forum that in her motion for reconsideration of her preventive suspension, she argued that the Ombudsman has committed an error and abused its discretion by suspending her, adding that the grounds for preventive suspension were not present.
The suspended former ERC chairperson in my view committed grave misconduct and disregarded the sub judice rule by discussing her case in said public forum, where she expounded on the merits of her motion for reconsideration of her suspension order by the Ombudsman. Dimalanta was meted a six-month preventive suspension by the Ombudsman due to complaints of grave misconduct, abuse of authority, and conduct prejudicial to public service. This is unacceptable.
As a lawyer, Dimalanta should be well aware of the sub judice rule, which explicitly restricts comments and disclosures about pending judicial proceedings. The Supreme Court said the sub judice rule restricts comments and disclosures pertaining to the judicial proceedings in order to avoid prejudging the issue, influencing the court, or obstructing the administration of justice.
In fact, Dimalanta blatantly disregarded Section 19 of Canon II of the Code of Professional Responsibility and Accountability by discussing her case in a public forum.
It is my view that Dimalanta should be held liable for indirect contempt under Section 3(d), Rule 71 of the Revised Rules of Court.
The former ERC chief, in appearing in the forum, clearly intended to interfere with the proper administration of justice and to influence the Ombudsman’s ability to impartially and independently rule on her motion for reconsideration of her suspension.
By her action, she intentionally wanted to create a widespread public perception of innocence before a final decision is rendered. Her action is unacceptable.
We hope that BusinessMirror will publish this letter to reveal our position that everyone must respect the rule of law at all times.
Jorge Bandola
Convenor
Laban Konsyumer Inc.