This is the problem when you have a Congress of
part-time lawmakers (could mean partly capable of performing one’s lawmaking functions),
and full-time “self-interest.” The grant of such emergency powers, by law, as
allowed in the Constitution, presupposes the existence of a sudden and
extraordinary event that the state or its instrumentalities could not have
prepared for, thus necessitating the exercise by the chief executive, again
through Congressional grant, of such enormous powers. Such sudden and
extraordinary events do not exist in the present situation.
Perennial Congressional Ineptitude.
The predicament we are in now –staggering power rates–
is brought about by its (Congress) own perennial ineptitude, sore foresight,
and wanton neglect. Now, it wants to administer a shortcut cure to its years of
dereliction by granting the president emergency powers. Again, as I have
pointed out in the past, the quality of Congressional occupants has terribly
deteriorated.
This trouble started when it liberalized the power
industry through Electric Power Industry Reform Act (EPIRA), where a power company
could operate both distribution and generation business, as is the case in
Meralco, and its power generation companies. This law has either inordinate
design deliberately sold to beneficiary companies, or its authors simply had poor
concept of anti-trust law. Clearly, with such setup allowed, price-fixing among
interrelated players, otherwise disallowed, has become legal.
You can’t mistake the wood for the
trees.
Malampaya scheduled its maintenance shutdown, as it always
does, the other power generating companies (related with distributor Meralco
and other power outfits trading on spot market [WESM]), which were supposed to take
up the slack, coincided their own maintenance shutdown, forcing Meralco to buy
at a higher price from WESM due to this schemed artificial supply situation.
That is collusion.
The State has shot itself in the
foot.
That is the very situation that led to the quandary
the State finds itself in now, and the consuming public threatened with obscene
power prices –only temporarily relieved by Supreme Court’s Temporary
Restraining Order (TRO).
