ONE-ON-ONE. Former OIC Gov. Victor
de la Serna (second from left) and City Mayor Dan Lim
(extreme right) talk on their stand regarding the operations
of the Bohol Light and Water companies as interviewed
by DYRD Alagad anchormen Chito Visarra and Jerry Pabe
last Wednesday |
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The
franchise of Bohol Light Company Incorporated is "highly
questionable and illegal."
This was the claim made by City Mayor Dan Lim yesterday
who renewed his call for Gov. Erico Aumentado to pursue
the reacquisition of the Salcon controlled power and
water utilities.
Lim's
statement followed after the mayor was accused by former
OIC Gov. Victor dela Serna to have been "silenced"
together with the governor regarding the provincial
government's bid to buy-back the 70% equity of Salcon
in Bohol Light and Bohol Water.
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Lim
retorted yesterday during his weekly "Mayor's Report"
saying that expropriation, as proposed by Dela Serna is a
risky option that could drive away investors here.
The
mayor said that Bohol Light's franchise can be nullified in
court. In fact, Salcon wants to totally eliminate the provincial
government's legal personality in the company by applying
a franchise for Bohol Light in Congress.
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The
National Electrification Administration (NEA) did not
have authority to issue franchise upon adoption of the
EPIRA law, Lim said, as NEA approved Bohol Light's franchise
two years after the Electric Power Industry Reform Act
(EPIRA).
Under
the EPIRA law only Congress could issue a franchise
to power distribution companies.
"If
their franchise is valid and legal, then why is the
company applying for a franchise in Congress?"
Lim asked.
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"[It's]
highly questionable that the NEA still accommodated the Bohol
Light application despite the adoption of EPIRA," the
mayor added.
Lim
challenged the governor and the provincial board to exploit
this argument to invalidate the power utility's franchise.
Even
Dela Serna, according to Lim, as member of the Bohol Light
board should question this through a court petition.
POWER
HIKE
Bohol
Light will allegedly earn more than P70-million every year
due to the 25-centavo power rate increase granted by the Energy
Regulatory Commission (ERC), Lim said.
This
will mean an average of an additional expense of P3,000 monthly
to an average consumer, according to the mayor.
It
may be recalled that there is a pending petition filed by
the mayor against the water rate increase of Bohol Water at
the RTC.
Bohol
Water was supposed to implement a 40% water rate hike but
was issued an injunction resulting from Lim's petition.
The
mayor said he has no personality to initiate an offer to Salcon
in reacquiring the power and water utilities.
Lim
said he could only question the transfer of reservoirs owned
by the city to Bohol Water during the time of former mayor
Jose Torralba.
GROUNDS
FOR JVA ANNULMENT
RTC
Judge Dionisio Calibo, interacting over the mayor's radio
program, said it is incumbent upon the present provincial
board to review what the previous Sangguniang Panlalawigan's
approval of the joint venture agreement between Salcon and
the provincial government.
Calibo
disclosed that some of the former board members who signed
the contract even admitted that they have not read the entire
provisions of the JVA.
The
contract for the JVA "was not an ordinance authorizing
the governor to sell the assets of the former Provincial Public
Utilities Department (PPUD), but to enter into a JVA,"
Calibo pointed out.
The
members of the board did not even know that the assets of
the PPUD will be sold when it was supposed to represent as
the 30% ownership of the province in the joint venture, Calibo
claimed.
However,
"these were sold in violation of the joint venture concept,"
he added suggesting that the present provincial board should
not only file for an injunction but an annulment of contract
with preliminary injunction.
Salcon
has violated the provisions of the joint venture proposal,
according to Calibo.
"The 30% should represent assets and not the free equity
as stipulated in the JVA contract," he said.
In
fact, Calibo explained that former Chief Justice Panganiban
had a treatise regarding joint ventures which stipulates that
there must be transparency. However, until now stockholders
of Bohol Water and Bohol Light have not been revealed to the
public, he said.
Furthermore,
in joint ventures there should be fair sharing of revenues
which is not fulfilled in the case of Salcon and the provincial
government.
In
fact, Calibo stressed, the sale of assets of the former PPUD
is a ground for annulment of the JVA.
For
Comments: email to
bingo_dejaresco@boholchronicle.com Or editor@boholchronicle.com
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