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THE
National Association of Electricity Consumers (Nasecore)
Thursday filed a P889 million large-scale estafa case
before the Department of Justice against officials of
the Lopez-managed Manila Electric Co. (Meralco) in
connection with the power distributor’s move to convert
as income the interest earned by the meter and bill
deposits of its subscribers.
In a
13-page complaint, Nasecore, through its president
Petronilo Ilagan, said the complaint is intended to
correct another injustice being committed by the power
company to its millions of subscribers.
The
consumer group named Meralco chairman Manolo Lopez and
its president Jesus Francisco as among the respondents.
“This is
a dastardly act of the Lopezes again taking away our
money. It ranks high among the condemnable crimes
committed by this family against long-suffering
Filipinos, including their unconscionable passing to us
billions of pesos of their own electric consumption,”
Ilagan said in a press statement.
Other
respondents in Nasecore’s complaint include Arthur
Defensor Jr., Gregory Domingo, Octavio Victor Espiritu,
Christian Monsod, Federico Puno, Washington Sycip,
Emilio Vicens, Francisco Viray and Cesar Virata, all
members of the 2006 Meralco board of directors.
Also
facing charges are Daniel Tagaza, executive vice
president and chief financial officer of Meralco; Rafael
Andrada, first vice president and treasurer; Helen de
Guzman, vice president and corporate auditor and
compliance officer; Antonio Valera, vice president and
assistant comptroller; and Manolo Fernando, senior
assistant vice president and assistant treasurer.
Nasecore
pointed out that the conversion was illegal because the
money was in the nature of a fund that should have been
held in trust by Meralco for its consumers because it
must be paid back to them.
Before
2004, Nasecore noted that Meralco required every
applicant for electric-power connection to make a
deposit for the meter used by Meralco in computing power
consumption. Without the required meter deposit, Meralco
will not sell electricity to the applicant.
The
power company also requires every applicant to pay a
deposit to guarantee payment of bills equivalent to
their estimated monthly billing. Without it, Meralco
will refuse selling electricity to the applicant.
In the
event that a subscriber is no longer interested to
acquire electricity from Meralco, the latter is legally
obligated to return to the subscriber the amount
deposited for the said meter, plus interest. It is also
obliged to return the deposit, also with interest.
In
February 1987, the Board of Energy set the interest rate
at 6 percent per year. Since then, Meralco reflected in
its books the funds corresponding to the 6-percent
interest. It was classified under the customers deposits
account.
On
August 3, 1995, the now defunct Energy Regulatory Board
increased the interest rate to 10 percent per year.
In
January 2003, Meralco sought from the Energy Regulatory
Commission (ERC) a reduction of the 10-percent annual
interest rate to just 6 percent, but the ERC denied its
plea.
“In a
nutshell, what Meralco did was to take away for its own
use the P889 which should be refunded to us. That’s
estafa,” Ilagan said.
“The
proof of their misdeed or the smoking gun is right there
in their 2006 financial statement,” he added.
The
estimated amount of P21 billion corresponds to the meter
deposits made by consumers which should remain in trust
while the ERC is coming up with a plan to implement the
return of the deposits.
However,
Nasecore claimed that the power firm only allotted
6-percent payment per consumer instead of 10 percent
while the remaining 4 percent has been reclassified to
“interest and other incomes.”
The
consumer group said this is a “clear case of
misappropriation.”
Nasecore
said the reclassification “has the undeniable effect of
converting the money collected from said subscribers
into dividends or corporate profits which, by its
nomenclature and nature, become income of the
shareholders of Meralco. Having been reclassified as
corporate income, the same ceased to become money of the
subscribers to whom they lawfully belong.” |