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ENBANC
NOTICE
Please take notice that the Court en bane issued a Resolution
dated JANUARY 21, 2014, which reads as follows:
"G.R. No. 210245 (Bayan Muna Representative Neri Javier
Colmenares, et al. vs. Energy Regulatory Commission, et al.); G.R. No.
210255 (National Association of Electricity Consumers for Reforms, et al.
vs. Manila Electric Company, et al.); and G.R. No. 210502 (Manila
Electric Company vs. Philippine Electricity Market Corporation, et al.).-
The Court Resolved to
(i) NOTEthe
(a) Urgent Manifestation dated January
9, 2014 filed by respondent Manila Electric
Company (MERALCO), stating, among others,
that it deferred the billing and collection of the
amount corresponding to the increase in the
generation charge and other pass-through
charges for the December 2013 billing month and
that it will continue to bill its customers, for the
January 2014 billing month, the pass-through
charges, in particular, the generation,
transmission, and system loss charges, taxes and
subsidies at the November 2013 billing levels
during the effectivity of the Temporary
Restraining Order issued on December 23, 2013;
(b) Entry of Appearance with
Manifestation dated January 15, 2014 filed by
Attys. Mario Luza Bautista, Joseph Joemer C.
Perez and Krizelle Marie F. Poblacion of Poblador
Bautista and Reyes, entering their appearance as
counsel for third-party respondents First Gas
Power Corporation, FGP Corporation, Bac-Man
Energy Development Corporation, Bac-Man
Geothermal, Inc. and First Gen Hydro Power
Corporation, and requesting that they be
furnished with court processes at the 5th Floor,
Notice of Resolution - 2 - G.R. No. 210245, et al.
January 21, 2014
SEDDCO I Building, 120 Rada corner Legaspi
Streets, Legaspi Village, Makati City;
(c) Manifestation dated January 15, 2014
filed by counsel for third party respondent Trans-
Asia Power Generation Corporation (Trans-Asia),
stating, among others, that it will not participate
in the oral arguments on January 21, 2014;
(d) Entry of Appearance dated January
14, 2014 filed by Attys. Monalisa C. Dimalanta,
Joshua Gilbert F. Paraiso, Jessica Kristine F.
Hilado and Maria Theresa Vivian L. Ventura of
Puyat Jacinto and Santos (PJS Law), entering
their appearance as counsel for respondent
Quezon Power (Philippines) Limited Co. and
requesting that they be furnished with court
processes at the 5th and 12th Floors VGP Center
(formerly the Manila Bank Building), 6772 Ayala
Avenue, Makati City;
(e) Manifestation dated January 14,
2014 filed by counsel for Quezon Power
(Philippines) Limited Co. in compliance with the
Court Order dated January 10, 2014, stating,
among others, that it will not give an opening
statement during the oral arguments on January
21, 2014;
(f) Manifestation dated January 15, 2014
filed by counsel for respondent Masinloc Power
Partners Co., Ltd. (MPPCL) in compliance with
the Order dated January 10, 2014, stating, among
others, that it will not present an opening
statement on the scheduled hearing on January
21, 2014;
(g) Manifestation dated January 16,
2014 filed by the Office of the Solicitor General for
respondents Department of Energy (DOE) and
Energy Regulatory Commission (ERC),
submitting the names of the lawyers who will
argue, their order of presentation, time allocation
and issues assignment;
(h) Entry of Appearance dated January
15, 2014 filed by Attys. Alexander J. Poblador and
Nick Emmanuel C. Villaluz of Poblador Bautista &
Reyes Law Offices, entering their appearance as
counsel for respondents San Miguel Energy
Corporation, South Premiere Power Corporation
and Strategic Power Development Corporation,
Notice ofResolution - 3 - G.R. No. 210245, et al.
January 21, 2014
and requesting that they be furnished with court
processes be sent at the 5th Floor, SEDCCO
Building, 120 Rada corner Legaspi Streets,
Legaspi Village, Makati City;
(i) Manifestation dated January 16,
2014 filed by counsel for respondent SEM-Calaca
Power Corporation (SCPC) in compliance with the
Order dated January 10, 2014, stating, among
others, that it will not participate and take any
time allocated by the Court to the parties at the
oral arguments on January 21, 2014;
G) Consolidated Comment (on the
petitions in G.R. Nos. 210245 and 210255) dated
January 15, 2014 filed by the Office of the
Solicitor General (OSG) for respondent
Department of Energy (DOE) and as supplement
to the Consolidated Comment dated January 8,
2014 of respondent Energy Regulatory
Commission (ERC), in compliance with the Order
dated January 9, 2014;
(k) Manifestation and Motion dated
January 20, 2014 filed by counsel for respondent
Manila Electric Company (MERALCO) in
compliance with the Advisory dated January 15,
2014, submitting the list of the lawyers who will
argue for MERALCO and the issues that they will
cover;
(I) Compliance (with the Advisory dated
January 15, 2014) dated January 20, 2014 filed by
counsel for respondent Manila Electric Company
(MERALCO), submitting in paper and digital
forms the slide presentations to be used during
the January 21, 2014 Oral Arguments;
(m) Entry of Appearance with
Manifestation dated January 19, 2014 filed by
Attys. Roderica V. Puno, Helena Rosales-Calo,
Richie Avigale Ramos-Pilares and Kristie Auriel
T. Enriquez of Puno and Puno, entering their
appearance as counsel for respondents Therma
Luzon, Inc. (TLI) and Therma Mobile, Inc.
(TMO); requesting that they be furnished with
court processes at the 12th Floor, East Tower,
Philippine Stock Exchange Center, Exchange
Road, Ortigas Center, Pasig City; and stating,
among others, that of the additional respondents,
the following have opted not to participate in the
oral arguments: PAN-ASIA, PSALM, SPPC, QPPL
Notice of Resolution - 4 - G.R. No. 210245, et al.
January 21, 2014
and AES, and that the forty (40) minutes allotted
to the additional respondents will be divided
among the remaining seventeen (17) additional
respondents, namely:
Philippine Electricity Market Corporation (PEMC);
SEM-Calaca Power Corporation (SEM-Calaca);
Therma Luzon, Incorporated (TLI);
San Miguel Energy Corporation (SMEC);
First Gas Power Corporation (FGP);
FGP Corporation (FGP Corp.);
National Grid Corporation of the Philippines (NGCP);
1590 Energy Corporation (1590 Energy);
AP Renewables, Inc. (APRI);
Bac-Man Energy Development CorporationjBac-iMan
Geothermal, Inc. (Bac-Man);
First Gen Hydro Power Corporation (First Gen);
GNPower Mariveles Coal Plant Ltd. Co. (GNPower);
SN Aboitiz Power-Benguet, Incorporated (SNB);
SN Aboitiz Power-Magat, Incorporated (SNM);
Strategic Power Development Corporation (SPDC);
Vivant Sta. Clara Northern Renewables Generation
Corporation (Vivant); and
Therma Mobile, Incorporated (TMO)
(n) Manifestation dated January 20,
2014 filed by counsel for intervenor Private
Electric Power Operators Association (PEPOA),
stating, among others, that Atty. Ranulfo M.
Ocampo will do the oral arguments in behalf of
intervenor PEPOA;
( o) Manifestation and Motion dated
January 20, 2014 filed by counsel for San Miguel
Energy Corporation, South Premiere Power
Corporation and Strategic Power in compliance
with the Advisory dated January 15, 2014, stating
that they will waive their right to participate in
the oral argument on January 21, 2014;
(p) Manifestation (Re: List of Lawyers
for Oral Arguments) dated January 20, 2013
(should be 2014) filed by counsel for petitioners
in G.R. No. 210245, stating the issues that
petitioners will present for oral argumentation
and the lawyers who will present the issues;
(q) Supplemental Manifestation dated
January 20, 2014 filed by counsel for petitioners
in G.R. No. 210245 relative to the service of the
Amended Petition to respondents QPPL and
PAN-ASIA;
Notice of Resolution - 5 - G.R. No. 210245, et al.
January 21, 2014
(r) Manifestation dated January 20,
2014 filed by counsel for third party respondents
First Gas Power Corporation; FGP Corporation,
Bac-Man Energy Development Corporation, Bac-
Man Geothermal, Inc., and First Gen Hydro
Power Corporation, stating, among others, that
they have decided to waive their right to
participate in the oral arguments on January 21,
2014;
(s) Entry of Appearance dated January
20, 2014 filed by Justice Florentino P. Feliciano
(Ret.), Atty. Roberto C. San Juan and the Law
Firm of Sycip Salazar Hernandez and Gatmaitan,
entering their appearance as collaborating
counsels for respondent MERALCO and
requesting that they be furnished with court
processes at the 4th Floor, SyCipLaw Center, 105
Paseo de Roxas, Makati 1226;
(t) Compliance and Submission dated
January 20, 2014 filed by aforesaid collaborating
counsels for MERALCO, submitting the
documents/slides which may be presented during
the argument of MERALCO's co-counsel, Justice
Florentino P. Feliciano (Ret.), during the oral
arguments on January 21, 2014;
( u) Motion for Extension of Time to File
Comment dated January 20, 2014 filed by counsel
for third party respondent Trans-Asia Power
Generation Corporation (Trans-Asia);
(v) Consolidated Comment (on the
petitions in G.R. Nos. 210245 and 210255 and the
counter petition of Manila Electric Company)
dated January 17, 2014 filed by counsel for third
party respondent National Grid Corporation of
the Philippines (NGCP) in compliance with the
Order dated January 10, 2014;
( w) Consolidated Comment (on the
Amended Petition) dated January 19, 2014 filed
by counsel for Therma Luzon, Inc. and Therma
Mobile, Inc. in compliance with the Order dated
January 10, 2014;
(x) Consolidated Comment (Re: Bayan
Muna, et al. Amended Petition dated January 13,
2014, NASECORE, et al. Amended Petition dated
January 12, 2014, and MERALCO Counter-
Petition dated January 8, 2014) dated January
Notice of Resolution - 6 - G.R. No. 210245, et al.
January 21, 2014
20, 2014 filed by counsel for respondent SEM-
Calaca Power Corporation (PCPC) in compliance
with the Orders dated January 9, 2014 and
January 10, 2014;
(y) Consolidated Comment on the
Amended Petitions of NASECORE and Bayan
Muna and Counter-Petition of MERALCO, dated
January 20, 2014 filed by counsel for respondent
Philippine Electricity Market Corporation
(PEMC) in compliance with the Order dated
January 9, 2014;
(z) Consolidated Comment [on: (1)
NASECORE, et al.'s Amended Petition dated
January 12, 2014; (2) Bayan Muna, et al.'s
Amended Petition dated January 13, 2014; and
(3) MERALCO's Counter-Petition dated January
8, 2014], dated January 20, 2014 filed by counsel
for respondent Quezon Power (Philippines) Ltd.
(QPPL) in compliance with the Order dated
January 10, 2014;
(aa) Consolidated Comment (on [i] Bayan
Muna representative Neri Javier Colmenares, et
al.'s Petition for Certiorari and Prohibition dated
December 19, 2013, [ii] National Association of
Electricity Consumers for Reforms, et al.'s
Petition for Certiorari and/ or Prohibition dated
December 16, 2013, and [iii] Manila Electric
Company's Consolidated Comment/ Opposition
with Counter-Petition dated January 8, 2014),
dated January 19, 2014 filed by counsel for
respondent AP Renewables, Inc. (APRI) In
compliance with the Order dated January 10,
2014;
(bb) Compliance (with the Advisory dated
January 15, 2014) dated January 20, 2014 filed by
counsel for petitioners, informing the Court that
Atty. Leonard S. De Vera will argue in their behalf
on the issues stated therein;
(cc) Consolidated Comment (on the
petitions in G.R. Nos. 210245 and 210255) dated
January 19, 2014 filed by counsel for SN Aboitiz
Power-Magat, Inc. (SNAP-Magat) and SN Aboitiz
Power-Benguet, Inc. (SNAP-Benguet) in
compliance with the Order dated January 10,
2014;
(L
Notice of Resolution - 7 - G.R. No. 210245, et al.
January 21, 2014
(dd) Consolidated Comment/Opposition
(on/to the petitions in G.R. Nos. 210245 and
210255) dated January 17, 2014 filed by counsel
for respondent Vivant-Sta. Clara Northern
Renewables Generation Corporation (NR) in
compliance with the Order dated January 10,
2014;
(ee) Manifestation dated January 17, 2014
filed by counsel for respondents 1590 Corporation
(1590 EC) and Vivant-Sta. Clara Northern
Renewables Generation Corporation, stating,
among others, that it will not present an opening
statement and will not participate in the oral
argument on January 21, 2014;
(ff) Consolidated Comment/Opposition
(on/to the petitions in G.R. Nos. 210245 and
210255) dated January 17, 2014 filed by counsel
for respondent 1590 Energy Corporation in
compliance with the Order dated January 10,
2014;
(gg) Entry of Appearance dated January
17, 2014 filed by Attys. Joan A. Giduquio-Baron
and Marvey Jumoad Arnoco of J.P. Garcia and
Associates, entering their appearance as counsel
for respondent 1590 Energy Corporation and
Vivant Sta. Clara Northern Renewables
Generation Corporation, and requesting that they
be furnished with court processes at Units 1501-
1502, 15th Floor, Ayala Life-FGU Center,
Mindanao Avenue cor. Biliran Road, Cebu
Business Park, Cebu City;
(hh) Entry of Appearance dated January
20, 2014 filed by Attys. Emmanuel P.J. Tamase
and Glenda Isabel L. Biason of Alampay and
Tamase Law Office, entering their appearance as
counsel for third party respondent Pan-Asia
Energy, Inc. and requesting that they be furnished
with court processes at the 12th Floor, PDCP Bank
Centre, corner Rufino and Leviste Streets, Salcedo
Village, Makati City;
(ii) Entry of Appearance dated January
17, 2014 filed by the Office of the Government
Corporate Counsel (OGCC), entering its
appearance as lead counsel for respondent Power
Sector Assets and Liabilities Management
Corporation (PSALM), and requesting that they
be furnished with court processes at said Office;
Notice of Resolution - 8 - G.R. No. 210245, et al.
January 21, 2014
(jj) Comment (on the petitions in G.R.
Nos. 210245 and 210255) dated January 20, 2014
filed by counsel for respondent Pan-Asia Energy,
Inc. in compliance with the Order dated January
10, 2014;
(kk) Consolidated Comment (on the
petitions in G.R. Nos. 210245, 210255 and
210502) dated January 20, 2014 filed by counsel
for Masinloc Power Partners Co. Ltd. (MPPCL) in
compliance with the Order dated January 10,
2014;
(ll) Consolidated Comment (on the
petitions in G.R. Nos. 210245 and 210255) dated
January 20, 2014 filed by counsel for third party
respondents First Gas Power Corporation (First
Gas), FGP Corporation (FGP), Bac-man
Geothermal, Inc. (BGI), First Gen Hydro Power
Corporation (FG Hydro) and Bac-man Energy
Development Corporation (BEDC) in compliance
with the Order dated January 10, 2014;
(mm) Consolidated Comment (on the
petitions in G.R. Nos. 210245 and 210255) dated
January 17, 2014 filed by the OGCC for
respondent Power Sector Assets and Liabilities
Management Corporation (PSALM) in
compliance with the Order dated January 10,
2014;
(nn) Consolidated Comment (on the
Amended Petitions and Counter Petitions in G.R.
Nos. 210245, 210255 and 210502) with
Opposition to the Application for a Writ of
Preliminary Injunction dated January 20, 2014
filed by counsel for respondents San Miguel
Energy Corporation, South Premiere Power
Corporation and Strategic Power Development
Corporation in compliance with the Order dated
January10,2014;and
(oo) Comment on the (i) Amended
Petition for Certiorari and Prohibition with Prayer
for a Temporary Restraining Order and/ or
Preliminary Injunction, (ii) Amended Petition for
Certiorari and/or Prohibition (class suit), and (iii)
the Consolidated Comment/Opposition with
Counter-Petition, dated January 20, 2014 filed by
counsel for third party respondent GN Power
Mariveles Coal Plant Ltd. Co. (GMCP) in
Notice ofResolution - 9 - G.R. No. 210245, et al.
January 21, 2014
compliance with the Order dated January 10,
2014;
(ii) GRANT the Motion for Leave to Admit PSALM's
Manifestation dated January 16, 2014 filed by counsel for
respondent Power Sector Assets and Liabilities Management
Corporation; and
(iii) NOTE the following documents filed by counsels
for respondents Philippine Electricity Market Corporation
(PEMC), National Grid Corporation of the Philippines (NGCP)
and Power Sector Assets and Liabilities Management
Corporation (PSALM), but DENY their waiver to participate
in the oral arguments:
(a) Entry of Appearance and
Manifestation dated January 15, 2014 filed by
Attys. Criselda S. Martin-Funelas, Celina R.
Encarnacion, Caryl Miriam Y. Lopez, Gladys
Evette N ebab and Maria Lourdes A. Sabundayo,
entering their appearance as counsel for
respondent Philippine Electricity Market
Corporation (PEMC) and requesting that they be
furnished with court processes at the 18th Floor,
Robinsons-Equitable Tower, ADB Avenue corner
Poveda Street, Ortigas Center, Pasig City;
(b) Manifestation dated January 16,
2014 filed by counsel for third party respondent
National Grid Corporation of the Philippines
(NGCP); and
(c) Manifestation dated January 15, 2014
filed by counsel for respondent PSALM.
At the hearing of these consolidated cases this afternoon, the
following counsels/parties appeared:
Counsels for Petitioners in G.R. No. 21024.5
Atty. Neri Javier Colmenares
Atty. Carlos Isagani Zarate
Atty. Maria Cristina P. Yambot
Collaborating Counsels for Petitioners in G.R. No. 210245
Atty. Edre U. Olalia
Atty. Ephraim B. Cortez
Atty. Minerva F. Lopez
Atty. Romeo B. Igot
Atty. Eli R. Mallari
Counsels for Petitioners in G.R. No. 210255
Atty. Leonard S. De Vera
Notice of Resolution - 10- G.R. No. 210245, et al.
Atty. Nelson A. Loyola
Atty. Ronnie B. Rodillas
Counsels for Public Respondents
Office of the Solicitor General
Assistant Solicitor General Vida G. San Vicente
Senior State Solicitor Elma M. Rafallo-Lingan
Senior State Solicitor Thelma Lee T. Raquel-Sadoy
State Solicitor Marie Christine R. Nolasco-Jimenez
Associate Solicitor Dexter G. Matias
Department of Energy
Secretary Carlos Jericho L. Petilla
Energy Regulatory Commission
Commissioner Alfredo J. Non
Atty. Francis Saturnino C. Juan
Atty. Debora Anastacia T. Layugan
Atty. Grace V. Lu-Santos
Counsels for Manila Electric Company
Hon. Florentino P. Feliciano
Atty. Victor P. Lazatin
Atty. Carlos Roberto Z. Lopez
Atty. Anthony W. Dee
Atty. Arnold M. Corporal
Atty. Antonio Eduardo S. Nachura, Jr.
Atty. Dyan Danika G. Lim
Atty. Filemon Ray L. Javier
Atty. Clarissa Bettina F. Faylona
Atty. Monica Joy M. Marcelo
Atty. Germaine Chua
Atty. Hazel Rose B. See
Atty. Francis Paolo P. Tiopianco
Atty. Aldous Benjamin C. Camiso
Counsels for Philippine Electricity Market Corporation
Atty. Criselda S. Martin-Funelas
Atty. Celina R. Encarnacion
Atty. Caryl Miriam Y. Lopez
Atty. Gladys Evette G. Nebab
Atty. Maria Lourdes A. Sabundayo
Counsels for Sem-Calaca Power Corporation
Atty. Gwen Grecia-De Vera
Atty. Najha Katrina J. Estrella
Atty. Rowena Fatima M. Salonga
Atty. Rafael A. Evangelista
Counsels for Masinloc Power Partners Co., Ltd.
Atty. Roy Enrico C. Santos
Atty. Luther D. Ramos
Atty. Ruben Gerald V. Ricasata III
Atty. Zann Paolo L. Pacificador
Atty. Irvin Joseph Fabella
January 21, 2014
Notice of Resolution - 11 - G.R. No. 210245, et al.
Counsels for Therma Luzon, Inc. and Therma Mobile, Inc.
Atty. Roderico V. Puno
Atty. Helena Rosales-Calo
Atty. Richie Avigale Ramos-Pilares
Atty. Kristie Auriel T. Enriquez
January 21, 2014
Counsels for San Miguel Energy Corporation, South Premiere
Power Corporation and Strategic Power Development Corporation
Atty. Alexander J. Poblador
Atty. Nick Emmanuel C. Villaluz
Counsels for First Gas Power Corporation, FGP Corporation, Bac-
Man Energy Development Corporation, Bac-Man Geotherman, Inc.
and First Gen Hydro Power Corporation
Atty. Mario Luza Bautista
Atty. Joseph Joemer C. Perez
Atty. Krizelle Marie F. Poblacion
Counsels for Quezon Power (Phils.) Ltd. Co.
Atty. Monalisa C. Dimalanta
Atty. Joshua Gilbert F. Paraiso
Atty. Jessica Kristine F. Hilado
Atty. Maria Theresa Vivian L. Ventura-Pugeda
Counsels for National Grid Corporation of the Philippines
Atty. Mark Anthony S. Actub
Atty. Raycell D. Baldovino
Atty. Ronald Dylan P. Concepcion
Counsels for 1590 Energy Corporation and Vivant Sta. Clara
Northern Renewables Generation Corporation
Atty. Reagan F. De Guzman
Atty. Jess Anthony N. Garcia
Atty. Joan A. Giduquio-Baron
Atty. Marvey Jumoad Arnoco
Counsels for AP Renewables, Inc.
Atty. Cesar E. Santamaria, Jr
Counsels for GNPower Mariveles Coal Plant Ltd. Co.
Atty. Lourdy Torres
Atty. Franchesca Ovalle
Counsels for Pan-Asia Energy Holdings, Inc.
Atty. Emmanuel P.J. Tamase
Atty. Glenda Isabel L. Biason
Counsel for Power Sector Assets and Liabilities Management
Corporation
Atty. Geoffry de Lara Masancay
Counsel for SN Aboitiz Power
Atty. Anthony Mark A. Gutierrez
Counsel for Trans-Asia Power Generation Corporation
Notice of Resolution - 12- G.R. No. 210245, et al.
January 21,2014
Atty. Alan T. Ascalon
Counsel for Intervenor Private Electric Power Operators
Association
Atty. Ranulfo M. Ocampo
Under the Advisory issued by the Court on January 15, 2014, the
presentation of oral arguments will be limited to the following issues:
A. Whether or not the remedy which the Petitioners
availed in this case is proper;
B. Whether or not these cases and the issues it raises are
justiciable;
C. Whether or not the Energy Regulatory Commission, in
its approval contained in the letter dated December 9,
2013 of MERALCO's December 5, 2013 request
committed grave abuse of discretion, in that:
1. it violates Petitioners' rights to due process of law;
n. it violates its mandate under the constitution and
Rep. Act No. 9136 (EPIRA law) to protect the
public from anti-competitive practices and
market abuse;
D. Whether or not the amendment to Section 4(e), Rule 3
of the EPIRA law's Implementing Rules and Regulation
allowing automatic rate adjustments or increases to
recover generation costs violates due process and the
declared policy of the EPIRA law; Corollarily, whether
or not ERC Resolution Nos. 10-01, 10-04, both series of
2004, and the December 9, 2013 letter of the Energy
Regulatory Commission are valid;
E. Whether or not the automatic rate adjustments or
increases to recover generation costs amount to a
surrender by respondent Energy Regulatory
Commission of its regulatory functions, in violation of
Section 25 of the EPIRA law;
F. Whether or not Sections 6 and 29 of the EPIRA law are
unconstitutional in declaring that (a) power generation
and supply are not public utilities, and (b) their charges
are beyond regulation by the Energy Regulatory
Commission;
G. Whether or not the Temporary Restraining Order (TRO)
in this case should be lifted;
Notice of Resolution - 13- G.R. No. 210245, et al.
January 21, 2014
H. Whether or not the Petitioners are entitled to the reliefs
requested.
The parties will be heard in the following order, with the following
time allocation for each:
Petitioners thirty (30) minutes
MERALCO forty (40) minutes
ERCandDOE thirty (30) minutes
Intervenors thirty (30) minutes
Additional Respondents forty (40) minutes
Counsels for petitioners agreed to divide the 30 minutes as follows:
Atty. Leonard S. De Vera Issues C, D and E 10 minutes
A!!)'. Neri Javier Colmenares Issues C.ii and F 13 minutes
Atty. Carlos Isagani Zarate Issues A, B, G and H ?minutes
Immediately after the complete presentation of the oral arguments
for the petitioners, the Members of the Court interpellated the presenting
lawyers.
Thereafter, the Chief Justice directed the following parties to submit
NOT LATER THAN JANUARY 30, 2014, the documents indicated
below in their hard and soft copies (CD):
MERALCO:
1. Power Supply Agreements, bilateral agreements and
other related documents with power plants (with a
summary of day-ahead and week-ahead nominated
capacities)
2. Day-Ahead Capacity Availability Schedule and related
documents (November 1- December 31, 2013)
3. Meralco Nomination Schedule and dispatch instructions
to power plants (November 1- December 31, 2013)
4. Report on computation of the generation charge for
November 2013 and December 2013, and underlying
documents
5 Ownership structure of MERALCO, including list of its
affiliates and subsidiaries, and list of Directors and
Officers for 2010, 2011, 2012 and 2013
DEPARTMENT OF ENERGY:
1. Philippine Energy Plan and Power Development
Program officially published and released in 2013-2014
in accordance with Section 37(b) and 37(c) of EPIRA
(under Secretary Petilla)
2. Philippine Energy Plan and Power Development
Program officially published and released in 2010-2012
Notice ofResolution - 14- G.R. No. 210245, et al.
January 21,2014
in accordance with Section 37(b) and 37(c) of EPIRA
(under Secretary Almendras)
3. Philippine Energy Plan and Power Development
Program officially published and released in 2002-2009
in accordance with Section 37(b) and 37(c) of EPIRA
4. WESM Rules and Manuals, as amended and updated
5. List and profile of all power plants and power plant
owners (including stockholders) and the percentage
ownership of installation targets (per grid and entire
Philippines) of such power plant owners
6. List and profile of all independent power producer
administrators (IPP A) and the power plants and related
contracts they administer
7. Minutes of meetings with generation companies relating
to the shutdown of Malampaya in 2010, 2011, 2012, and
2013
8. Submitted and approved Scheduled Outages of all
power plants for 2013
g. Minutes of the meetings of DOE with the generators in
relation to the Malampaya shutdown
10. Notification of forced outage by Malaya to the NGCP
and DOE during the Malampaya shutdown
11. Status of the grid for the entire year (2013)
12. Report of DOE on collusion or any similar investigation
on the November 2013 generation cost hike
ENERGY REGULATORY COMMISSION
1. All ERC rules, regulations and resolutions on
nomination of power plants in WESM
2. All ERC rules, regulations and resolutions on Power
Supply Agreements (including those related to retail
rates) in Luzon
3. All ERC rules, regulations, rulings, orders or resolutions
in connection with any violation of the must-offer rule
under Section 3.5.5.1 of the WESM Rules and Section
7-4.3 of the WESM Market Surveillance, Compliance
and Enforcement Manual
4. All ERC rules, regulations, rulings, orders or resolutions
relating to anti-competitive behavior in the electric
power industry and imposition of any fines and
penalties against such companies
5. Report of ERC on collusion or any similar investigation
on the November 2013 generation cost hike
6. Minutes and all documents related to the December 9
Letter, including how decisions are being made by the
ERC
PHILIPPINE ELECTRICITY MARKET CORPORATION
1. Offers of all PSALM -owned power plants at WESM from
November 1- December 31, 2013
2. Offers of all WESM participants from November 1 -
December 31, 2013 (including quantity of price)
Notice ofResolution - 15 - G.R. No. 210245, et al.
January 21, 2014
3. Market clearing price on a per hour interval at WESM
from November 1 - December 31, 2013 (including the
power plants that set the price, as well as the quantity
and price)
4 Offers of all WESM participants during the 2010 and
2012 Malampaya shutdown
5 Market clearing price on a per hour interval at WESM
during the 2010, 2011 and 2012 Malampaya shutdown
(including the power plants that set the price)
6. Dates/times and names of Generation Companies that
cleared at P62/kWh from November 1 - December 31,
2013
7 Reports or correspondences (to the DOE, NGCP,
TRANSCO, generation companies) relating to any
significant variations in the trading from November 1-
December 31, 2013 and the shutdown of power plants
during the 2013 Malampaya shutdown
8. Generation offers of Malaya for 2010, 2011, 2012 and
2013 during Malampaya shutdown and entire period of
2013
NGCP /NATIONAL TANSMISSION CORPORATION
1. Dispatch protocols and internal rules on dispatch of
power plants
2. Instructions from PEMC or DOE from November 1 -
December 31, 2013 in relation to all power plants in
Luzon and the dispatch/ non dispatch of such power
plants
3. Minutes of meetings with generation companies relating
to the shutdown of Malampaya in 2010, 2011, 2012 and
2013
4. Submitted and approved Scheduled Outages of all
power plants for 2013
5. Notification of forced outage by Malaya to the NGCP
and DOE during the Malampaya shutdown in 2013
6. Status of the grid for the entire year (2013)
7. Ownership structure of NGCP, including list of its
affiliates and subsidiaries, and list of Directors and
Officers for 2010, 2011, 2012 and 2013
POWER SECTOR ASSETS AND LIABILITIES
MANAGEMENT CORPORATION (PSALM)
1. List of all power plants and power plant owners
(including stockholders) and the percentage ownership
of installation targets (per grid and entire Philippines)
of such power plant owners
2. List of all independent power producer administrators
(IPP A) and the power plants and related contracts they
administer
3. Contracts currently and previously awarded to Salcon
Power Corporation to operate and maintain Malaya
Power Plant
Notice of Resolution - 16- G.R. No. 210245, et al.
January 21, 2014
4. Nominations (November 1 - December 31, 2013)
GENERATION COMPANIES
1. Power Supply Agreements, bilateral agreements and
other related documens with MERALCO and other
existing customers (with a summary of day-ahead and
week-ahead nominated capacities)
2. Day-Ahead Capacity Availability Schedule and related
documents (November 1- December 31, 2013)
3. Meralco Nomination Schedule and dispatch instructions
for November 1- December 31, 2013
4. Supervisory Control and Data Acquisition (SCADA)
Reports from November 1- December 31, 2013.
The Chief Justice further announced, in open court, that
continuation of the oral arguments in these cases is SET on February 4,
2014 and February 11, 2014, Tuesdays, at 2:00 P.M., same venue." Perlas-
Bernabe, J., no part. (adv1)
Very truly yours,

Court \\
Resolution
Atty. MARIA CRISTINA P. YAMBOT (x)
Counsel for Petitoners in G. R. No. 210245
45 K-7th St., Brgy. West Kamias
Quezon City
Atty. RENE A. V. SAGUISAG (x)
Counsel for Petitioners in G. R. No. 210255
4045 Bigasan St., Brgy. Palanan
Makati City
Atty. NELSON A. LOYOLA (x)
Counsel for Petitioners in G. R. No. 210255
Suite 201 Carreon Bldg.
2746 Zenaida St., Brgy. Poblacion
Makati City
Atty. RONNIE B. RODILLAS (x)
Counsel for Petitioners in G. R. No. 210255
137 Libis Gochuico St., Circumferential Road 3
Caloocan City
Atty. Leonard S. De Vera (x)
Collaborating Counsel in G. R. No. 210255
Penthouse B, Windsor Tower
163 Legaspi Street, Legaspi Village
Makati City
Attys. Edre U. Olalia, Julian F. Oliva, Jr. & Ephraim
B. Cortes (x)
National Union of People's Lawyers
Collaborating Counsel in G. R. No. 210245
3/F Erythrina Building
No. 1 Matatag cor. Maaralin Streets, Central District
Quezon City
.. .......-
,....PUBLIC INFORAMTION OFFICE (x)
JUDICIAL RECORDS OFFICE (x)
Supreme Court
The SOLICITOR GENERAL (x)
134 Amorsolo St., Legaspi Village
Makati Cit y1229
Attys. Roy Enrico C. Santos, Luther D. Ramos,
Ruben Gerald V. Ricasata Ill & Zann Paolo L.
Pacificador (x)
Puyat Jacinto & Santos
Counsel for MASINLOC Power Partners Company
Ltd. (MPPCL)
5th & 12th Floors, VGP Center
6722 Ayala Avenue, Makati City
Attys. ~ a j h a Katrina J. Estrella, Rowena M. Salonga
& Rafael A. Evangelista (x)
Puyat Jacinto & Santos
Counsel for Respondent Sem-Calaca Power Corp.
5th & 12th Floors, VGP Center (formerly The Manila
Bank Building )
6722 Ayala Avenue, Makati City
- 17- G. R. No.2010245,210255
and 201502
January 21, 2014
Attys. Francis Saturnino C. Juan, Debora Anastacia
T. Layugan, & Grace V. Lu-Santos (x)
Counsel for Respondent ENERGY REGULATORY
COMMISSION
16/F Pacific Center Bldg., San Miguel Avenue
Pasig City
Atty. Ranulfo M. Ocampo (x)
Counsel for Private Electric Power Operators
Association (PEPOA)
8/F Strata 100 Bldg.,
F. Ortigas Jr. Road, Ortigas Center
Pasig City
Attys. ALEXANDER J. POBLADOR & NICK
EMMANUEL C. VILLALUZ (x)
Poblador Bautista & Reyes
Counsel for San Miguel Energy Corporation, South
Premiere Power Corporation & Strategic Power
Development Corporation
5th Floor, SEDCCO Bldg.,
120 Rada corner Legaspi Streets, Legaspi Village
Makati City
Attyd. ALAN T. ASCALON & JOHN HENRY C.
LIQUETE (x)
Counsel for Trans-Asia Power Generation Corporation
Levell I, Phinma Plaza
39 Plaza Drive, Rockwell Center
Makati City .
DEPARTMENT OF ENERGY (x)
c/o Secretary Carlos Jericho L. Petilla
Energy Center, Rizal Drive
Bonifacio Global City, Taguig City
ENERGY REGULATORY COMMISSION
Pacific Centre Buidling (x)
San Miguel Avenue, Pasig City
MANILA ELECTRIC COMPANY (x)
Lopez Building, Ortigas Avenue Pasig City
SEM-CALACA POWER CORPORATION (x)
2/F DMCI Plaza Building 2281
Don Chino Roces Ext., Brgy. Magallanes
Makati City
MASINLOC POWER PARTNERS CORPORATION (x)
18th Floor Bench Tower
30th Street, corner Rizal Drive
Bonifacio Global City, Taguig, Metro Manila
Atty. HELENA ROSALES-CALO (x)
Counsel for THERMA LUZON INCORPORATED
Puno & Puno Law Offices
12/F East Tower
Philippine Stock Exchange Center
Exchange Road, Pasig City
()
Resolution
PHILIPPINE ELECTRICITY MARKET
CORPORATION (x)
9th and 18th Floor, Robinsons, Equitable Tower
ADB Avenue, Ortigas Center
Pasig City 1600
FIRST GAS POWER CORPORATION
3/F Benpres Building (x)
Exchange Road cor. Meralco Avenue
Ortigas Center, Pasig City
SOUTH PREMIERE POWER CORPORATION (x)
808 Building, Meralco Avenue cor. Gen. Lim Street
San Antonio Village, Pasig City
SAN MIGUEL ENERGY CORPORATION (x)
808 Building, Meralco Avenue cor. Gen. Lim Street
San Antonio Village, Pasig City
QUEZON POWER (PHILS.) LTD. CO. (reg)
62 H. dela Costa, Mauban
Quezon Province
THERMA LUZON, INC. (x)
NAC Tower, 32nd Street
Bonifacio Global City, Taguig
FGP CORP. (x)
3/F Benpres Building
Exchange Road cor. Meralco Avenue
Ortigas Center, Pasig City
NATIONAL GRID CORPORATION OF THE
PHILIPPINES (x)
NGCP Building
Quezon Avenue corner BIR Road
Diliman, Quezon City 1100
1590 ENERGY CORPORATION (x)
Unit 107 First Midland Office Condominium Building
Gamboa Street, Legaspi Village, Makati
AP RENEWABLES, INC. (x)
15/F NAC Tower, 32nd Street
Bonifacio Global City, Taguig City
BAC-MAN ENERGY DEVELOPMENT CORPORATION/
BAC-MAN GEOTHERMAL, INC. (x)
38/F One Corporate Centre
Julia Vargas corner Meralco Avenue
Ortigas Center, Pasig City 1605
FIRST GEN HYDRO POWER CORPORATION (x)
3/F Benpres Building
Exchange Road cor. Meralco Avenue
Ortigas Center, Pasig City
GNPOWER MARIVELES COAL PLANT LTD. CO. (x)
1905 Orient Square Building
Don Francisco Ortigas Jr. Road
Ortigas Center, Pasig City
- 18- G. R. No.2010245,210255
and 201502
January 21, 2014
PANASIA ENERGY, INC. (x)
Unit 3204-B 32nd Fir. PSE Bldg. East Tower
Exchange Road, Ortigas Center, Pasig City
POWER SECTOR ASSETS & LIABILITIES
MANAGEMENT CORPORATION (x)
th Floor Bankmer Building
6756 Ayala Avenue, Makati City
SN ABOITIZ POWER- BENGUET, INC.
SN ABOITIZ POWER- MAGAT, INC. (x)
10/F NAC Tower, 32nd Street
Bonifacio Global City, Taguig
STRATEGIC POWER DEVELOPMENT
CORPORATION (x)
2nd Floor, 808 Building
Meralco Avenue cor. General Lim Street
San Antonio Village, Pasig City 1600
TRANS-ASIA POWER GENERATION
CORPORATION (x)
11th Floor PHINMA Plaza
39 Plaza Drive, Rockwell Center
Makati City 1200
VIVANT STA. CLARA NORTHERN RENEWABLES
GENERATION CORPORATION (x)
Unit 107, pt Midland Office Condominium Bldg.
Gamboa Street, Legaspi Village
Makati City
THERMA MOBILE, INCORPORATED (x)
Ground Floor, Philippine Fisheries Devt.
Authority Complex Bldg.,
Navotas, Metro Manila
Attys. Mario Luza Bautista, Joseph Joemer C. Perez,
and Krizelle Marie F. Poblacion (x)
Counsel for third-party respondents First Gas Power
Corporation, FGP Corporation, Bac-Man Energy
Development Corporation, Bac-Man Geothermal, Inc.
and First Gen Hydro Power Corporation
5th Floor SEDDCO 1 Building, 120 Rada corner
Legaspi Streets, Legaspi Village, Makati City
Attys. Monalisa C. Dimalanta, Joshua Gilbert F.
Paraiso, Jessica Kristine F. Hilado and Maria Theresa
Vivian L. Ventura (x)
Counsel for respondent Quezon Power (Philippines)
Limited Co.
5th and 1th Floors VGP Center (formerly the Manila
Bank Building), 6772 Ayala Avenue, Makati City
Attys. Alexander J. Poblador and Nick Emmanuel C.
Villaluz (x)
Counsel for respondents San Miguel Energy
Corporation, South Premiere Power Corporation and
Strategic Power Development Corporation
5th Floor, SEDCCO Building, 120 Rada corner Legaspi
Streets, Legaspi Village, Makati City
Resolution
Attys. Roderica V. Puno, Helena Rosales-Calo, Richie
Avigale Ramos-Pilares and Kristie Auriel T. Enriquez (x)
Counsel for respondents Therma Luzon, Inc. (TLI) and
Therma Mobile, Inc. (TMO)
12th Floor, East Tower, Philippine Stock Exchange
Center, Exchange Road, Ortigas Center, Pasig City
Justice Florentino P. Feliciano (ret.), Atty. Roberto C.
San Juan and Law Firm of Sycip Salazar Hernandez
and Gatmaitan (x)
4th Floor, SyCip Law Center, 105 Paseo de Roxas
Makati City 1226
Attys. Joan A. Giduquio-Baron and Marvey Jumoad
Arnoco (x)
Counsel for respondent 1590 Energy Corporation and
Vivant Sta. Clara Northern Renewables Generration
Corporation
Units 1501-1502, 15th Floor, Ayala Life-FGU Center,
Mindanao Avenue cor. Biliran Road, Cebut Business
Park, Cebu City (reg)
Attys. Emmanuel P.J. Tamase and Glenda Isabel L.
Biason (x)
Counsel for third party respondent Pan-Asia Energy,
Inc.
lth Floor, PDCP Bank Centre, corner Rufino and
Leviste Streets, Salcedo Village, Makati City
Gov't Corporate Counsel Raoul C. Creencia,
Attys. Elpidio J. Vega, Efren B. Gonzales and
Kathrina Maria A. Reyes (x)
Office of the Gov't Corporate Counsel
Counsel for Petitioner
3'd Fir., MWSS Building, Katipunan Road
Balara, Quezon City
Attys. Criselda S. Martin-Funelas, Celina R.
Encarnacion, Caryl Miriam Y. Lopez, Gladys Evette
Nebab and Maria and Maria Lourdes A. Sabundayo (x)
Counsel for respondent Philippine Electricity Market
Corporation (PEMC)
18th Floor, Robinsons-Equitable Tower, ADB Avenue
corner Poveda Street, Ortigas Center, Pasig City
G. R. No. 210245, 210255 & 210502
wmd 1/21/14 (advl) 1/123/1.4
- 19- G. R. No.2010245,210255
and 201502
January 21, 2014
nrrf
j;wwrrmt

ENBANC
G.R. No. 210245 (Bayan Muna Representatives Neri Javier
Colmenares and Carlos Isagani Zarate, Gabriela Women's Party
Representatives Luz Ilagan and Emmi de Jesus, Act Teachers Party List
Representative Antonio Tinio, and Kabataan Party-List Representative
Terry Ridon vs. Energy Regulatory Commission [ERC] and Manila Electric
Company [MERALCO]); G.R. No. 210255 (National Association of
Electricity Consumers for Reforms [NASECORE], represented by Petronilo
L. Ilagan, Federation of Village Associations [FOVA], represented by
Siegfriedo A. Veloso, Federation of Las Pifias Homeowners Association
[FOLPHA], represented by Bonifacio Dazo and Rodrigo C. Domingo, Jr. vs.
Manila Electric Company [MERALCO], Energy Regulatory Commission
(ERC) and Department of Energy [DOE]); and G.R. No. 210502 (Manila
Electric Company [MERALCO] vs. Philippine Electricity Market
Corporation, First Gas Power Corporation, South Premiere Power
Corporation, San Miguel Energy Corporation, Masinloc Power Partners
Co., Ltd., Quezon Power (Phils.) Ltd. Co., Therma Luzon, Inc., Sem-Calaca
Power Corporation, FGP Corporation and National Grid Corporation of the
Philippines, and the following generation companies that trade in the
WESM, namely: 1590 Energy Corporation, AP Renewables, Inc., Bac-Man
Energy Development Corporation/Bac-Man Geothermal, Inc., First Gen
Hydro Power Corporation, GNPower Mariveles Coal Plant Ltd. Co.,
PANASIA Energy Holdings, Inc., Power Sector Assets and Liabilities
Management Corporation, SN Aboitiz Power, Strategic Power
Development Corporation, Trans-Asia Power Generation Corporation and
Vivant Sta. Clara Northern Renewables Generation Corporation)
x-----------------------------------------------------------------------------------------x
AMENDED ADVISORY
For the orderly proceeding of the Oral Arguments on the above-
entitled cases scheduled on January 21, 2014 at 2:00 p.m., the parties are
required to observe the following guidelines:
I. The parties shall limit their presentation for oral argumentation
Advisory - 2 -
on the following issues:
G.R.l'Jo.210245,210255
and 210502
A. Whether or not the remedy which the Petitioners availed
in this case is proper;
B. Whether or not these cases and the issues it raises are
justiciable;
C. Whether or not the Energy Regulatory Commission, in its
approval contained in the letter dated December 9, 20 13
of MERALCO's December 5, 2013 request committed
grave abuse of discretion, in that:
1. it violates Petitioners' rights to due process of law;
n. it violates its mandate under the Constitution and
Rep. Act No. 9136 (EPIRA law) to protect the
public from anti-competitive practices and market
abuse;
D. Whether or not the amendment to Section 4( e), Rule 3 of
the EPIRA law's Implementing Rules and Regulations
allowing automatic rate adjustments or increases to
recover generation costs violates due process and the
declared policy of the EPIRA law; Corollarily, whether or
not ERC Resolution Nos. 10-01, 10-04, both series of
2004, and the December 9, 2013 letter of the Energy
Regulatory Commission are valid;
E. Whether or not the automatic rate adjustments or
increases to recover generation costs amount to a
surrender by respondent Energy Regulatory Commission
of its regulatory functions, in violation of Section 25 of
the EPIRA law;
F. Whether or not Sections 6 and 29 of the EPIRA law are
unconstitutional in declaring that (a) power generation
and supply are not public utilities, and (b) their charges
are beyond regulation by the Energy Regulatory
Commission;
G. Whether or not the Temporary Restraining Order (TRO)
in this case should be lifted;
H. Whether or not the Petitioners are entitled to the reliefs
Advisory
requested.
- 3- G.R.No.210245,210255
and 210502
II. The parties in this case are: the petitiOners, the original
respondents (MERALCO, ERC, and DOE), the intervenors, and
the additional respondents (PEMC, NGCP, Power Generation
Companies) impleaded by Order of this Court dated January 9,
2014 and through the "counter petition" ofMeralco.
A. The Parties will be heard in that order, with the following
time allocation for each:
1. Petitioners
2.MERALCO
3. ERC and DOE
4. Intervenors
5. Additional Respondents
thirty (30) minutes
forty ( 40) minutes
thirty (30) minutes
thirty (30) minutes
forty ( 40) minutes
B. In case there will be more than one lawyer that will argue for
a party, the lead counsel shall determine how to share the
time allocation with their co-counsels.
C. The list of lawyers who will argue and their assignments
shall be filed through a Manifestation no later than 12
o'clock noon of January 20, 2014.
III. On January 15, 2014, respondent PEMC filed an Entry of
Appearance and Manifestation waiving its right to present in
the oral arguments. On January 16, 2014, respondents PSALM
and NGCP filed their respective Manifestations also waiving
their right to participate in the oral arguments. These
Manifestations are DENIED. Respondents PEMC, PSALM,
and NGCP are hereby required to present during the scheduled
oral arguments.
IV. In view of the complexity of the issues material to the present
consolidated cases which may require some technical
clarification during the oral arguments, the Secretary of the
Department of Energy, the Chairman of the Energy Regulatory
Commission, and the President of the Philippine Electricity
Market Corporation are directed to attend the Oral Arguments.
When called upon, they are expected to be able to competently
and completely answer questions related to, among others, their
processes and procedures.
V. The National Engineering Center, through Professor Rowaldo
Advisory - 4- G.R.No.210245,210255
and 210502
Del Mundo, and the UP School of Economics, through Dr.
Maria Joy V. Abrenica, are hereby appointed as amici curiae.
They shall have 1 0 minutes each to present during the oral
arguments, after all the parties are done with their respective
presentations.
VI. The interpellation by the Members of the Court will
immediately follow after each presentation of arguments.
VII. The time allotted for counsels to argue shall be exclusive of the
time devoted to interpellation by the Members of the Court.
VIII. The Members of the Court maintain their privilege to ask any
question on any relevant matter or require submission of any
document necessary for an enlightened resolution of the
foregoing consolidated cases.
IX. Any document to be presented and all slide presentations for
the oral arguments, if any, should be submitted to the Clerk of
Court no later than 12:00 o'clock noon of Monday preceding
the date of the oral arguments in both its paper and digital
forms. All opposing parties should be served with these
documents and slide presentations during the oral arguments.
X. All other matters not covered by the oral arguments but
properly raised in the pleadings shall not be considered
eliminated as issues, but shall be discussed and argued in the
written memoranda to be required of the concerned parties.
XI. All parties are advised to strictly comply with the Efficient Use
of Paper Rule in A.M. No. 11-9-4-SC dated November 13,
2012, especially with respect to Supreme Court bound papers.
January 24, 2014


Amended Advisory
Honorable Maria Lourdes P. A. Sereno (x)
Chief Justice
Han. Antonio T. Carpio (x)
Hon. Presbitero J. Velasco. Jr. (x)
Hon. Teresita J. Leonardo-de Castro (x)
Hon. Arturo D. Brion (x)
Hon. Diosdado M. Peralta (x)
Hon. Lucas P. Bersamin (x)
Han. Mariano C. Del Castillo (x)
Hon. Roberto A. Abad (x)
Hon. Martin S. Villarama, Jr. (x)
Hon. Jose P. Perez (x)
Hon. Jose C. Mendoza (x)
Hon. Bienvenido L. Reyes (x)
Hon. Estela M. Perlas-Bernabe (x)
Hon. Marvic Mario Victor F. Leonen (x)
Associate Justices
Supreme Court
Atty. MARIA CRISTINA P. YAMBOT (x)
Counsel for Petitoners in G. R. No. 210245
45 K-Jih St., Brgy. West Kamias
Quezon City
Atty. RENE A. V. SAGUISAG (x)
Counsel for Petitioners in G. R. No. 210255
4045 Bigasan St., Brgy. Palanan
Makati City
Atty. NELSON A. LOYOLA (x)
Counsel for Petitioners in G. R. No. 210255
Suite 201 Carreon Bldg.
2746 Zenaida St., Brgy. Poblacion
Makati City
Atty. RONNIE B. RODILLAS (x)
Counsel for Petitioners in G. R. No. 210255
137 Libis Gochuico St., Circumferential Road 3
Caloocan City
Atty. Leonard S. De Vera (x)
Collaborating Counsel in G. R. No. 210255
Penthouse B, Windsor Tower
163 Legaspi Street, Legaspi Village
Makati City
Attys. Edre U. Olalia, Julian F. Oliva, Jr. & Ephraim
B. Cortes (x)
National Union of People's Lawyers
Collaborating Counsel in G. R. No. 210245
3/F Erythrina Building
No. 1 Matatag cor. Maaralin Streets, Central District
Quezon City
,..-P{:ffi[IC INFORAMTION OFFICE (x)
JUDICIAL RECORDS OFFICE (x)
Supreme Court
The SOLICITOR GENERAL (x)
134 Amorsolo St., Legaspi Village
Makati Cit y1229
- 5- G. R. No.2010245,210255
and 201502
January 24, 2014
Attys. Roy Enrico C. Santos, Luther D. Ramos,
Ruben Gerald V. Ricasata Ill & Zann Paolo L.
Pacificador (x)
Puyat Jacinto & Santos
Counsel for MASINLOC Power Partners Company
Ltd. (MPPCL)
5th & 12th Floors, VGP Center
6722 Ayala Avenue, Makati City
Attys. Najha Katrina J. Estrella, Rowena M. Salonga
& Rafael A. Evangelista (x)
Puyat Jacinto & Santos
Counsel for Respondent Sem-Calaca Power Corp.
5th & 12th Floors, VGP Center (formerly The Manila
Bank Building )
6722 Ayala Avenue, Makati City
Attys. Francis Saturnino C. Juan, Debora Anastacia
T. Layugan, & Grace V. Lu-Santos (x)
Counsel for Respondent ENERGY REGULATORY
COMMISSION
16/F Pacific Center Bldg., San Miguel Avenue
Pasig City
Atty. Ranulfo M. Ocampo (x)
Counsel for Private Electric Power Operators
Association (PEPOA)
8/F Strata 100 Bldg.,
F. Ortigas Jr. Road, Ortigas Center
Pasig City
Attys. ALEXANDER J. POBLADOR & NICK
EMMANUEL C. VILLALUZ (x)
Poblador Bautista & Reyes
Counsel for San Miguel Energy Corporation, South
Premiere Power Corporation & Strategic Power
Development Corporation
5th Floor, SEDCCO Bldg.,
120 Rada corner Legaspi Streets, Legaspi Village
Makati City
Atty. ALAN T. ASCALON & JOHN HENRY C.
LIQUETE (x)
Counsel for Trans-Asia Power Generation Corporation
Level II, Phinma Plaza
39 Plaza Drive, Rockwell Center
Makati City
DEPARTMENT OF ENERGY (x)
c/o Secretary Carlos Jericho L. Petilla
Energy Center, Rizal Drive
Bonifacio Global City, Taguig City
ENERGY REGULATORY COMMISSION
Pacific Centre Buidling (x)
San Miguel Avenue, Pasig City
MANILA ELECTRIC COMPANY (x)
Lopez Building, Ortigas Avenue Pasig City
Amended Advisory
SEM-CALACA POWER CORPORATION (x)
2/F DMCI Plaza Building 2281
Don Chino Races Ext., Brgy. Magallanes
Makati City
MASINLOC POWER PARTNERS CORPORATION (x)
18th Floor Bench Tower
30th Street, corner Rizal Drive
Bonifacio Global City, Taguig, Metro Manila
Atty. HELENA ROSALES-CALO (x)
Counsel for THERMA LUZON INCORPORATED
Puno & Puno Law Offices
12/F East Tower
Philippine Stock Exchange Center
Exchange Road, Pasig City
PHILIPPINE ELECTRICITY MARKET
CORPORATION (x)
9th and 18th Floor, Robinsons, Equitable Tower
ADB Avenue, Ortigas Center
Pasig City 1600
FIRST GAS POWER CORPORATION
3/F Benpres Building (x)
Exchange Road cor. Meralco Avenue
Ortigas Center, Pasig City
SOUTH PREMIERE POWER CORPORATION (x)
808 Building, Meralco Avenue cor. Gen. Lim Street
San Antonio Village, Pasig City
SAN MIGUEL ENERGY CORPORATION (x)
808 Building, Meralco Avenue cor. Gen. Lim Street
San Antonio Village, Pasig City
QUEZON POWER (PHILS.) LTD. CO. (reg)
62 H. dela Costa, Mauban
Quezon Province
THERMA LUZON, INC. (x)
NAC Tower, 32nd Street
Bonifacio Global City, Taguig
FGP CORP. (x)
3/F Benpres Building
Exchange Road cor. Meralco Avenue
Ortigas Center, Pasig City
NATIONAL GRID CORPORATION OF THE
PHILIPPINES (x)
NGCP Building
Quezon Avenue corner BIR Road
Diliman, Quezon City 1100
1590 ENERGY CORPORATION (x)
Unit 107 First Midland Office Condominium Building
Gamboa Street, Legaspi Village, Makati
- 6 - G. R. No.2010245,210255
and 201502
January 24, 2014
AP RENEWABLES, INC. (x)
15/F NAC Tower, 32nd Street
Bonifacio Global City, Taguig City
BAC-MAN ENERGY DEVELOPMENT CORPORATION/
BAC-MAN GEOTHERMAL, INC. (x)
38/F One Corporate Centre
Julia Vargas corner Meralco Avenue
Ortigas Center, Pasig City 1605
FIRST GEN HYDRO POWER CORPORATION (x)
3/F Benpres Building
Exchange Road cor. Meralco Avenue
Ortigas Center, Pasig City
GNPOWER MARIVELES COAL PLANT LTD. CO. (x)
1905 Orient Square Building
Don Francisco Ortigas Jr. Road
Ortigas Center, Pasig City
PANASIA ENERGY, INC. (x)
Unit 3204-B 32nd Fir. PSE Bldg. East Tower
Exchange Road, Ortigas Center, Pasig City
POWER SECTOR ASSETS & LIABILITIES
MANAGEMENT CORPORATION (x)
~ h Floor Bankmer Building
6756 Ayala Avenue, Makati City
SN ABOITIZ POWER- BENGUET, INC.
SN ABOITIZ POWER- MAGAT, INC. (x)
10/F NAC Tower, 32nd Street
Bonifacio Global City, Taguig
STRATEGIC POWER DEVELOPMENT
CORPORATION (x)
2nd Floor, 808 Building
Meralco Avenue cor. General Lim Street
San Antonio Village, Pasig City 1600
TRANS-ASIA POWER GENERATION
CORPORATION (x)
11th Floor PHINMA Plaza
39 Plaza Drive, Rockwell Center
Makati City 1200
VIVANT STA. CLARA NORTHERN RENEWABLES
GENERATION CORPORATION (x)
Unit 107, 1st Midland Office Condominium Bldg.
Gamboa Street, Legaspi Village
Makati City
THERMA MOBILE, INCORPORATED (x)
Ground Floor, Philippine Fisheries Devt.
Authority Complex Bldg.,
Navotas, Metro Manila
Amended Advisory
Attys. Mario Luza Bautista, Joseph Joemer C. Perez,
and Krizelle Marie F. Poblacion (x)
Counsel for third-party respondents First Gas Power
Corporation, FGP Corporation, Bac-Man Energy
Development Corporation, Bac-Man Geothermal, Inc.
and First Gen Hydro Power Corporation
5th Floor SEDDCO I Building, 120 Rada corner
Legaspi Streets, Legaspi Village, Makati City
Attys. Monalisa C. Dimalanta, Joshua Gilbert F.
Paraiso, Jessica Kristine F. Hilado and Maria Theresa
Vivian L. Ventura (x)
Counsel for respondent Quezon Power (Philippines)
Limited Co.
5th and 12th Floors VGP Center (formerly the Manila
Bank Building), 6772 Ayala Avenue, Makati City
Attys. Alexander J. Poblador and Nick Emmanuel C.
Villaluz (x)
Counsel for respondents San Miguel Energy
Corporation, South Premiere Power Corporation and
Strategic Power Development Corporation
5th Floor, SEDCCO Building, 120 Rada corner Legaspi
Streets, Legaspi Village, Makati City
Attys. Roderica V. Puno, Helena Rosales-Calo, Richie
Avigale Ramos-Pilares and Kristie Auriel T. Enriquez (x)
Counsel for respondents Therma Luzon, Inc. (TLI) and
Therma Mobile, Inc. (TMO)
12th Floor, East Tower, Philippine Stock Exchange
Center, Exchange Road, Ortigas Center, Pasig City
Justice Florentino P. Feliciano (ret.), Atty. Roberto C.
San Juan and Law Firm of Sycip Salazar Hernandez
and Gatmaitan (x)
4th Floor, SyCip Law Center, 105 Paseo de Roxas
Makati City 1226
Attys. Joan A. Giduquio-Baron and Marvey Jumoad
Arnoco (x)
Counsel for respondent 1590 Energy Corporation and
Vivant Sta. Clara Northern Renewables Generration
Corporation
Units 1501-1502, 15th Floor, Ayala Life-FGU Center,
Mindanao Avenue cor. Biliran Road, Cebut Business
Park, Cebu City (reg)
Attys. Emmanuel P.J. Tamase and Glenda Isabel L.
Biason (x)
Counsel for third party respondent Pan-Asia Energy,
Inc.
12th Floor, PDCP Bank Centre, corner Rufino and
Leviste Streets, Salcedo Village, Makati City
Gov't Corporate Counsel Raoul C. Creencia,
Attys. Elpidio J. Vega, Efren B. Gonzales and
Kathrina Maria A. Reyes (x)
Office of the Gov't Corporate Counsel
Counsel for Petitioner
3'd Fir., MWSS Building, Katipunan Road
Balara, Quezon City
- 7 - G. R. No.2010245,210255
and 201502
January 24, 2014
Attys. Criselda S. Martin-Funelas, Celina R.
Encarnacion, Caryl Miriam Y. Lopez, Gladys Evette
Nebab and Maria and Maria Lourdes A. Sabundayo (x)
Counsel for respondent Philippine Electricity Market
Corporation (PEMC)
18th Floor, Robinsons-Equitable Tower, ADB Avenue
corner Poveda Street, Ortigas Center, Pasig City
Professor Rowaldo Del Mundo (x)
U.P. National Engineering Center
Juinio Hall corner Agoncillo St.
Osmena Avenue, U.P. Diliman, Quezon City 1101
Dr. Maria Joy V. Abrenica (x)
U.P. School of Economics
Guerrero corner Osmena Sts.
U.P. Diliman, Quezon City
G. R. No. 210245, 210255 & 210502
wmd (AMENDED ADVISORY)
()

j;urrrnm1e

ENBANC
G.R. No. 210245 (Bayan Muna Representatives Neri Javier
Colmenares and Carlos Isagani Zarate, Gabriela Women's Party
Representatives Luz !lagan and Emmi de Jesus, Act Teachers Party List
Representative Antonio Tinio, and Kabataan Party-List Representative
Terry Ridon vs. Energy Regulatory Commission [ERC] and Manila Electric
Company [MERALCO]); G.R. No. 210255 (National Association of
Electricity Consumers for Reforms [NASECORE], represented by Petronilo
L. !lagan, Federation of Village Associations [FOV A], represented by
Siegfriedo A. Veloso, Federation of Las Pifias Homeowners Association
[FOLPHA], represented by Bonifacio Dazo and Rodrigo C. Domingo, Jr. vs.
Manila Electric Company [MERALCO], Energy Regulatory Commission
(ERC) and Department of Energy [DOE]); and G.R. No. 210502 (Manila
Electric Company [MERALCO] vs. Philippine Electricity Market
Corporation, First Gas Power Corporation, South Premiere Power
Corporation, San Miguel Energy Corporation, Masinloc Power Partners
Co., Ltd., Quezon Power (Phils.) Ltd. Co., Therma Luzon, Inc., Sem-Calaca
Power Corporation, FGP Corporation and National Grid Corporation of the
Philippines, and the following generation companies that trade in the
WESM, namely: 1590 Energy Corporation, AP Renewables, Inc., Bac-Man
Energy Development Corporation/Hac-Man Geothermal, Inc., First Gen
Hydro Power Corporation, GNPower Mariveles Coal Plant Ltd. Co.,
PAN ASIA Energy Holdings, Inc., Power Sector Assets and Liabilities
Management Corporation, SN Aboitiz Power, Strategic Power
Development Corporation, Trans-Asia Power Generation Corporation and
Vivant Sta. Clara Northern Renewables Generation Corporation)
x-----------------------------------------------------------------------------------------x
ADVISORY
For the orderly proceeding of the Oral Arguments on the above-
entitled cases scheduled on January 21, 2014 at 2:00 p.m., the parties are
required to observe the following guidelines:
I. The parties shall limit their presentation for oral argumentation
Advisory - 2-
on the following issues:
G.R.No.210245,210255
and 210502
A. Whether or not the remedy which the Petitioners availed
in this case is proper;
B. Whether or not these cases and the issues it raises are
justiciable;
C. Whether or not the Energy Regulatory Commission, in its
approval contained in the letter dated December 9, 2013
of MERALCO's December 5, 2013 request committed
grave abuse of discretion, in that:
1. it violates Petitioners' rights to due process of law;
n. it violates its mandate under the constitution and
Rep. Act No. 9136 (EPIRA law) to protect the
public from anti-competitive practices and market
abuse;
D. Whether or not the amendment to Section 4( e), Rule 3 of
the EPIRA law's Implementing Rules and Regulation
allowing automatic rate adjustments or increases to
recover generation costs violates due process and the
declared policy of the EPIRA law; Corollarily, whether or
not ERC Resolution Nos. 10-01, 10-04, both series of
2004, and the December 9, 2013 letter of the Energy
Regulatory Commission are valid;
E. Whether or not the automatic rate adjustments or
increases to recover generation costs amount to a
surrender by respondent Energy Regulatory Commission
of its regulatory functions, in violation of Section 25 of
the EPIRA law;
F. Whether or not Sections 6 and 29 of the EPIRA law are
unconstitutional in declaring that (a) power generation
and supply are not public utilities, and (b) their charges
are beyond regulation by the Energy Regulatory
Commission;
G. Whether or not the Temporary Restraining Order (TRO)
in this case should be lifted;
H. Whether or not the Petitioners are entitled to the reliefs
Advisory
requested.
- 3- G.R.No.210245,210255
and 210502
II. The parties in this case are: the petitiOners, the original
respondents (MERALCO, ERC, and DOE), the intervenors, and
the additional respondents (PEMC, NGCP, Power Generation
Companies) impleaded by Order of this Court dated January 9,
2014 and through the "counter petition" of Meralco.
A. The Parties will be heard in that order, with the following
time allocation for each:
1. Petitioners
2.MERALCO
3. ERC and DOE
4. Intervenors
5. Additional Respondents
thirty (30) minutes
forty ( 40) minutes
thirty (30) minutes
thirty (30) minutes
forty ( 40) minutes
B. In case there will be more than one lawyer that will argue for
a party, the lead counsel shall determine how to share the
time allocation with their co-counsels.
C. The list of lawyers who will argue and their assignments
shall be filed through a Manifestation no later than 12
o'clock noon of January 20, 2014.
III. In view of the complexity of the issues material to the present
consolidated cases which may require some technical
clarification during the oral arguments, the Secretary of the
Department of Energy, the Chairman of the Energy Regulatory
Commission, and the President of the Philippine Electricity
Market Corporation are directed to attend the Oral Arguments.
When called upon, they are expected to be able to competently
and completely answer questions related to, among others, their
processes and procedures.
IV. The interpellation by the Members of the Court will
immediately follow after each presentation of arguments.
V. The time allotted for counsels to argue shall be exclusive of the
time devoted to interpellation by the Members of the Court.
VI. The Members of the Court maintain their privilege to ask any
question on any relevant matter or require submission of any
document necessary for an enlightened resolution of the
foregoing consolidated cases.
Advisory - 4- G.R. 1\Jo. 210245,210255
and 210502
VII. Any document to be presented and all slide presentations, if
any, should be submitted to the Clerk of Court no later than
12:00 o'clock noon of Monday preceding the date of the oral
arguments in both its paper and digital forms. All opposing
parties should be served with these documents and slide
presentations during the oral arguments.
VIII. All other matters not covered by the oral arguments but
properly raised in the pleadings shall not be considered
eliminated as issues, but shall be discussed and argued in the
written memoranda to be required of the concerned parties.
IX. All parties are advised to strictly comply with the Efficient Use
of Paper Rule in A.M. No. 11-9-4-SC dated November 13,
2012, especially with respect to Supreme Court bound papers.
January 15, 2014

of
Advisory
Honorable Maria Lourdes P. A. Sereno (x)
Chief Justice
Hon. Antonio T. Carpio (x)
Hon. Presbitero J. Velasco. Jr. (x)
Hon. Teresita J. Leonardo-de Castro (x)
Hon. Arturo D. Brion (x)
Hon. Diosdado M. Peralta (x)
Hon. Lucas P. Bersamin (x)
Hon. Mariano C. Del Castillo (x)
Hon. Roberto A. Abad (x)
Hon. Martin S. Villarama, Jr. (x)
Hon. Jose P. Perez (x)
Hon. Jose C. Mendoza (x)
Hon. Bienvenido L. Reyes (x)
Hon. Estela M. Perlas-Bernabe (x)
Hon. Marvic Mario Victor F. Leonen (x)
Associate Justices
Supreme Court
Atty. MARIA CRISTINA P. YAMBOT (x)
Counsel for Petitoners in G. R. No. 210245
45 K-Jih St., Brgy. West Kamias
Quezon City
Atty. RENE A. V. SAGUISAG (x)
Counsel for Petitioners in G. R. No. 210255
4045 Bigasan St., Brgy. Palanan
Makati City
Atty. NELSON A. LOYOLA (x)
Counsel for Petitioners in G. R. No. 210255
Suite 201 Carreon Bldg.
27 46 Zenaida St., Brgy. Poblacion
Makati City
Atty. RONNIE B. RODILLAS (x)
Counsel for Petitioners in G. R. No. 210255
137 Libis Gochuico St., Circumferential Road 3
Caloocan City
---
..Pt1BLIC INFORAMTION OFFICE (x)
JUDICIAL RECORDS OFFICE (x)
Supreme Court
The SOLICITOR GENERAL (x)
134 Amorsolo St., Legaspi Village
Makati Cit y1229
DEPARTMENT OF ENERGY (x)
c/o Secretary Carlos Jericho L. Petilla
Energy Center, Rizal Drive
Bonifacio Global City, Taguig City
ENERGY REGULATORY COMMISSION
Pacific Centre Buidling (x)
San Miguel Avenue, Pasig City
MANILA ELECTRIC COMPANY (x)
Lopez Building, Ortigas Avenue Pasig City
-5- G. R. No.2010245,210255
and 201502
SEM-CALACA POWER CORPORATION (x)
2/F DMCI Plaza Building 2281
Don Chino Races Ext., Brgy. Magallanes
Makati City
MASINLOC POWER PARTNERS CORPORATION (x)
18th Floor Bench Tower
30th Street, corner Rizal Drive
Bonifacio Global City
THERMA LUZON INCORPORATED (x)
NAC Tower, 32"d Street, Fort Bonifacio
Global City
PHILIPPINE ELECTRICITY MARKET
CORPORATION (x)
gth and 18th Floor, Robinsons, Equitable Tower
ADB Avenue, Ortigas Center
Pasig City 1600
FIRST GAS POWER CORPORATION
3/F Benpres Building (x)
Exchange Road cor. Meralco Avenue
Ortigas Center, Pasig City
SOUTH PREMIERE POWER CORPORATION (x)
808 Building, Meralco Avenue cor. Gen. Lim Street
San Antonio Village, Pasig City
SAN MIGUEL ENERGY CORPORATION
808 Building, Meralco Avenue cor. Gen. Lim Street
San Antonio Village, Pasig City
QUEZON POWER (PHILS.) LTD. CO. (reg)
62 H. dela Costa, Mauban
Quezon Province
THERMA LUZON, INC. (x)
NAC Tower, 32"d Street
Bonifacio Global City, Taguig
FGP CORP. (x)
3/F Benpres Building
Exchange Road cor. Meralco Avenue
Ortigas Center, Pasig City
NATIONAL GRID CORPORATION OF THE
PHILIPPINES (x)
Quezon Avenue corner BIR Road
Diliman, Quezon City 1100
1590 ENERGY CORPORATION (x)
Unit 107 First Midland Office Condominium Building
Gamboa Street, Legaspi Village, Makati
AP RENEWABLES, INC. (x)
15/F NAC Tower, 32"d Street
Bonifacio Global City, Taguig City
Advisory
BAC-MAN ENERGY DEVELOPMENT CORPORATION/
BAC-MAN GEOTHERMAL, INC. (x)
38/F One Corporate Centre
Julia Vargas corner Meralco Avenue
Ortigas Center, Pasig City 1605
FIRST GEN HYDRO POWER CORPORATION (x)
3/F Benpres Building
Exchange Road cor. Meralco Avenue
Ortigas Center, Pasig City
GNPOWER MARIVELES COAL PLANT LTD. CO. (x)
1905 Orient Square Building
Don Francisco Ortigas Jr. Road
Ortigas Center, Pasig City
PANASIA ENERGY HOLDINGS, INC. (x)
2"d Floor 808 Building
Meralco Avenue, Pasig City 1600
POWER SECTOR ASSETS & LIABILITIES
MANAGEMENT CORPORATION (x)
th Floor Bankmer Building
6756 Ayala Avenue, Makati City
SN ABOITIZ POWER- BENGUET, INC.
SN ABOITIZ POWER- MAGAT, INC. (x)
10/F NAC Tower, 32"d Street
Bonifacio Global City, Taguig
STRATEGIC POWER DEVELOPMENT
CORPORATION (x)
2"d Floor, 808 Building
Meralco Avenue cor. General Lim Street
San Antonio Village, Pasig City 1600
TRANS-ASIA POWER GENERATION
CORPORATION (x)
11
1
h Floor PHINMA Plaza
39 Plaza Drive, Rockwell Center
Makati City 1200
VIVANT STA. CLARA NORTHERN RENEWABLES
GENERATION CORPORATION (x)
Unit 107, 1'
1
Midland Office Condominium Bldg.
Gamboa Street, Legaspi Village
Makati City
THERMA MOBILE, INCORPORATED (x)
Ground Floor, Philippine Fisheries Devt.
Authority Complex Bldg.,
Navotas, Metro Manila
G. R. No. 210245, et al.
fam (advisory)
-6- G. R. No.2010245,210255
and 201502
d
jnqtrtm .. mt

EN BANC
Bayan Muna Representatives
NERI JAVIER COLMENARES
and CARLOS ISA GANI
ZARATE, Gabriela Women's
Party Representatives LUZ
ILA.GAN and EMMI DE
JESUS, Act Teachers Party-List
Representative ANTONIO
TINIO and Kabataan Party-List
Representative TERRY RIDON,
G.R. No. 210245
Petitioners,
-versus -
ENERGY REGULA.TORY
COMMISSION and MANILA
ELECTRIC COMPANY,
Respondents.
X - - - - - - - - - - - - - - - - - - - - - -X
NATIONAL ASSOCIATION
OF ELECTRICITY
CONSUMERS FOR
REFORMS, represented by
Petronila L. Ilagan,
FEDERATION OF VILLA.GE
ASSOCIATIONS, represented
by Siegfriedo A. Veloso,
FEDERATION OF LAS PINAS
HOMEOWNERS
ASSOCIATION, represented by
Bonifacio Dazo, and RODRIGO
C. DOMINGO, JR.,
Petitioners,
-versus-
MANILA
COMPANY,
REGULA.TORY
ELECTRIC
ENERGY
G.R. No. 210255
ORDER
Order
-.. COMMISSION and
: OF ENERGY,
, . . . .Respopdents .
.... . :: :){- ,:;. :.. ..: --_: - ;. ... - ---------x
..
2 G.R. Nos. 210245 & 210255
January 10, 2014
TO: PHILIPPINE ELECTRICITY MARKET CORPORATION (x)
9th and 18th Floors, Robinsons Equitable Tower
ADB Avenue, Ortigas Center
Pasig City 1600
FIRST GAS POWER CORPORATION (x)
3/F Benpres Building
Exchange Road cor. Meralco Avenue
Ortigas Center, Pasig City
SOUTH PREMIERE POWER CORPORATION (x)
808 Building, Meralco Avenue cor. Gen. Lim Street
Ortigas Center, Pasig City
SAN MIGUEL ENERGY CORPORATION (x)
808 Building, Meralco Avenue cor. Gen. Lim Street
Ortigas Center, Pasig City
MASINLOC POWER PARTNERS CO. LTD. (x)
18/F Bench Tower, 30th Street corner Rizal Drive
Bonifacio Global City
QUEZON POWER (PHILS.) LTD. CO. (reg)
62 H. dela Costa, Mauban
Quezon Province
THERMA LUZON, INC. (x)
NAC Tower, 32nd Street
Bonifacio Global City, Taguig
SEM-CALACA POWER CORPORATION (x)
2/F DMCI Plaza Building
2281 Don Chino Roces Extension
Brgy. Magallanes, Makati City
FGP CORPORATION (x)
3/F Benpres Building
Exchange Road cor. Meralco Avenue
Ortigas Center, Pasig City
NATIONAL GRID CORPORATION OF THE PHILIPPINES (x)
Quezon Avenue corner BIR Road
Diliman, Quezon City 1100
1590 ENERGY CORPORATION (x)
Unit 107 First Midland Office Condominium Building
Gamboa Street, Legaspi Village, Makati
Order
3
AP RENEW ABLES, INC. (x)
15/F NAC Tower, 32nd Street
Bonifacio Global City, Taguig City
G.R. Nos. 210245 & 210255
January 10, 2014
BAC-MAN ENERGY DEVELOPMENT CORPORATION/
BAC-MAN GEOTHERMAL, INC. (x)
38/F One Corporate Centre
Julia Vargas corner Meralco Avenue
Ortigas Center, Pasig City 1605
FIRST GEN HYDRO POWER CORPORATION (x)
3/F Benpres Building
Exchange Road cor. Meralco Avenue
Ortigas Center, Pasig City
GNPOWER MARIVELES COAL PLANT LTD. CO. (x)
1905 Orient Square Building
Don Francisco Ortigas Jr. Road
Ortigas Center, Pasig City
PANASIA ENERGY HOLDINGS, INC. (x)
2nd Floor 808 Building
Meralco Avenue, Pasig City 1600
POWER SECTOR ASSETS & LIABILITIES
MANAGEMENT CORPORATION (x)
J1h Floor Bankmer Building
6756 Ayala Avenue, Makati City
SN ABOITIZ POWER - BENGUET, INC. (x)
SN ABOITIZ POWER - MAGAT, INC. (x)
10/F NAC Tower, 32nd Street
Bonifacio Global City, Taguig
STRATEGIC POWER DEVELOPMENT CORPORATION (x)
2nd Floor, 808 Building
Meralco Avenue cor. General Lim Street
San Antonio Village, Pasig City 1600
TRANS-ASIA POWER GENERATION CORPORATION (x)
nth Floor PHINMA Plaza
39 Plaza Drive, Rockwell Center
Makati City 1200
VIV ANT STA. CLARA NORTHERN RENEW ABLES (x)
GENERATION CORPORATION
Unit 107, 1st Midland Office Condominium Bldg.
Gamboa Street, Legaspi Village
Makati City
f
Order
GREETINGS:
4
G.R. Nos. 210245 & 210255
January 10, 2014
WHEREAS, MERALCO filed on January 9, 2014 a Manifestation
that they were constrained to file their Consolidated Comment/Opposition
with Counter-Petition by registered mail explaining that their messenger
reached the Court's Receiving Section at 5:05 p.m. of January 8, 2014;
WHEREAS, MERALCO filed a Consolidated Comment/Opposition
with Counter-Petition by registered mail on January 8, 2014;
WHEREAS, their Consolidated Comment/Opposition with Counter-
Petition included a prayer to join as parties-respondents in these cases, the
Philippine Electricity Market Corporation, First Gas Power Corporation,
South Premiere Power Corporation, San Miguel Energy Corporation,
Masinloc Power Partners Co., Ltd., Quezon Power (Phils.) Ltd. Co., Therma
Luzon, Inc., Sem-Calaca Power Corporation, FGP Corporation and
National Grid Corporation of the Philippines, and the following generation
companies that trade in the WESM, namely: 1590 Energy Corporation, AP
Renewables, Inc., Bat-Man Energy Development Corporation/Bae-Man
Geothermal, Inc., First Gen Hydro Power Corporation, GNPower Mariveles
Coal Plant, Ltd. Co., PANASIA Energy Holdings Inc., Power Sector Assets
and Liabilities Management Corporation, SN Aboitiz Power, Strategic
Power Development Corporation, Trans-Asia Power Generation
Corporation and Vivant Sta. Clara Northern Renewables Generation
Corporation;
WHEREAS, Rule 3, Section 11 of the Rules of Court recognizes that
parties may be added by court order on its own initiative at any stage of the
action and on such terms as are just;
NOW, THEREFORE, the Manifestation and the Consolidated
Comment/Opposition with Counter-Petition filed by MERALCO are
NOTED;
The Counter-Petition by MERALCO shall be TREATED as in the
nature of a THIRD-PARTY COMPLAINT and the prayer to include the
Philippine Electricity Market Corporation, First Gas Power Corporation,
South Premiere Power Corporation, San Miguel Energy Corporation,
Masinloc Power Partners Co., Ltd., Quezon Power (Phils.) Ltd. Co., Therma
Luzon, Inc., Sem-Calaca Power Corporation, FGP Corporation and
National Grid Corporation of the Philippines, and the following generation
companies that trade in the WESM, namely: 1590 Energy Corporation, AP
Renewables, Inc., Bae-Man Energy Development Corporation/Bae-Man
Geothermal, Inc., First Gen Hydro Power Corporation, GNPower Mariveles
Coal Plant, Ltd. Co., PANASIA Energy Holdings Inc., Power Sector Assets
and Liabilities Management Corporation, SN Aboitiz Power, Strategic
Power Development Corporation, Trans-Asia Power Generation
Corporation and Vivant Sta. Clara Northern Renewables Generation
' Order
5
G.R. Nos. 210245 & 210255
January 10, 2014
Corporation as parties-respondents in these cases is GRANTED.
is hereby ordered to PAY the corresponding docket fees;
The Petitioners in G.R. Nos. 210245 and 210255 are required to
SERVE PERSONALLY on the additional party-respondents, all copies of
their pleadings in these cases; and
The impleaded parties-respondents are required to (1) file and serve
a COMMENT on the Petitions and Counter-Petition by personal service
not later than January 20, 2014 and (2) ATIEND the initial Preliminary
Conference on January 13, 2014 or FILE, on or before January 15, 2014,
the NECESSARY MANIFESTATION in Court should they desire to
waive their right to participate in the scheduled oral arguments on January
21, 2014.
GIVEN by authority of the Hon. MARIA LOURDES P. A. SERENO,
Chief Justice of the Supreme Court of the Philippines, upon written
recommendation of the Member-in-Charge, this 10th day of January 2014,
in Manila, Philippines.
Copy furnished:
Atty. MARIA CRISTINA P. YAMBOT (x)
Counsel for Petiteners in G. R. No. 210245
45 K-71h St., Brgy. West Kamias
Quezon City
Atty. RENE A. V. SAGUISAG (x)
Counsel for Petitioners in G. R. No. 210255
4045 Bigasan St., Brgy. Palanan
Makati City
Atty. NELSON A. LOYOLA (x)
Counsel for Petitioners in G. R. No. 210255
Suite 201 Carreon Bldg.
2746 Zenaida St., Brgy. Poblacion
Makati City


Order
6
Atty. RONNIE B. RODILLAS (x)
Counsel for Petitioners in G. R. No. 210255
137 Libis Gochuico St., Circumferential Road 3
Caloocan City
THERMA MOBILE, INCORPORATED ( x)
Ground Floor, Philippine Fisheries Devt.
Authority Complex Bldg., Navotas
Metro Manila
The SOLICITOR GENERAL (x)
134 Amorsolo St., Legaspi Village
Makati City1229
DEPARTMENT OF ENERGY (x)
c/o Secretary Carlos Jericho L. Petilla
Energy Center, Rizal Drive
Bonifacio Global City, Taguig City
ENERGY REGULATORY COMMISSION
Pacific Centre Buidling
San Miguel Avenue, Pasig City
MANILA ELECTRIC COMPANY (x)
Lopez Building, Ortigas Avenue Pasig City
~ INFORMATION OFFICE (x)
JUDICIAL RECORDS OFFICE (x)
Supreme Court
t
G.R. Nos. 210245 & 210255
January 10, 2014

l\epublic of tbe Jtbilipptne%

;fflantla
EN BANC
Bayan Muna Representatives
NERI JAVIER
COLMENARES and
CARLOS ISA GANI
ZARATE, Gabriela Women's
Party Representatives LUZ
ILAGAN and EMMI DE
JESUS, Act Teachers Party-
List Representative ANTONIO
TINIO, and Kabataan Party-
List Representative TERRY
RIDON,
Petitioners,
-versus -
ENERGY REGULATORY
COMMISSION and MANILA
ELECTRIC COMPANY,
Respondents .
.){ - - - - - - - - - - - - - - - - - - - -.){
NATIONAL ASSOCIATION
OF ELECTRICITY
CONSUMERS FOR
REFORMS, represented by
Petronila L. Ilagan,
FEDERATION OF
VILLAGE ASSOCIATIONS,
represented by Siegfriedo A.
Veloso, FEDERATION OF
LAS PIN AS
HOMEOWNERS
ASSOCIATION, represented
G.R. No. 210245
G.R. No. 2 10255
ORDER
Order
by Bonifacio Dazo, and
RODRIGO C. DOMINGO,
JR.,
Petitioners,
-versus -
MANILA
COMPANY,
REGULATORY
COMMISSION
DEPARTMENT
ENERGY,
ELECTRIC
ENERGY
and
OF
Respondents.
X - - - - - - - - - - - - - - - - - - - -X
G.R. No. 210245 & 210255
January 9, 2014
TO: Atty. MARIACRISTINAP. YAMBOT (x)
Counsel for Petitioners in G.R. No. 210245
45 K-?th St., Brgy. West Kamias
Quezon City
Atty. RENE A.V. SAGUISAG (x)
Counsel for Petitioners in G.R. No. 210255
4045 Bigasan St., Brgy. Palanan
Makati City
Atty. NELSON A. LOYOLA (x)
Counsel for Petitioners in G.R. No. 210255
Suite 201 Carreon Building
2746 Zenaida St., Brgy. Poblacion
Makati City
Atty. RONNIE B. RODILLAS (x)
Counsel for Petitioners in G.R. No. 210255
137 Libis Gochuico St., Circumferential Road 3
Caloocan City
The SOLICITOR GENERAL (x)
134 Amorsolo St., Legaspi Village
Makati City
DEPARTMENT OF ENERGY (x)
c/o Secretary Carlos Jericho L. Petilla
Energy Center, Rizal Drive
Bonifacio Global City, Taguig City
r
Order G.R. No. 210245 & 210255
January 9, 2014
ENERGY REGULATORY COMMISSION (x)
Pacific Centre Building
San Miguel Avenue, Pasig City
MANILA ELECTRIC COMP ANY (x)
Lopez Building, Ortigas Avenue
Pasig City
PHILIPPINE ELECTRICITY MARKET CORPORATION (x)
18/F Robinsons Equitable Tower, Ortigas
Pasig City
SEM-CALACA POWER CORPORATION (x)
2/F DMCI Plaza Building 2281,
Don Chino Races Ext., Brgy. Magallanes
Makati City
MASINLOC POWER PARTNERS CORPORATION (x)
Philamlife Tower, 8767, Paseo de Roxas,
Makati City 1200
THERMA LUZON INCORPORATED (courier service)
Aboitiz Corporate Center,
Gov. Manuel Cuenca Ave.,
Cebu City
SAN MIGUEL ENERGY CORPORATION (x)
2/F 808 Bldg., General Lim cor. Meralco Ave.,
Ortigas Center
Pasig City
SOUTH PREMIERE POWER CORPORATION (x)
808 Bldg., General Lim cor. Meralco Ave.,
Ortigas Center
Pasig City
THERMA MOBILE, INCORPORATED (x)
Ground Floor, Philippine Fisheries Devt.
Authority Complex Bldg., Navotas,
Metro Manila
GREETINGS:
WHEREAS, the above-entitled cases are scheduled for oral
arguments on January 21, 2014, Tuesday, at 2:00 p.m.;
Order G.R. No. 210245 & 210255
January 9, 2014
WHEREAS, there is a need to schedule an initial preliminary
conference with the counsel of the parties to determine and/ or
identify the pertinent issues raised by the parties involved and the
respective order by which these issues are to be discussed in the
forthcoming oral arguments;
WHEREAS, the Office of the Solicitor General filed a
Manifestation and Motion on January 2, 2014 praying that it be
excused from filing the Comment on behalf of public respondents
Energy Regulatory Commission and the Department of Energy and
that the defense of the challenged action or ruling of public
respondents be undertaken by private respondent MERALCO;
WHEREAS, the petitioners alleged that respondent ERC may
be "in collusion with vested oil interests in their profiteering
activities"
1
but failed to implead the power producers as necessary
parties "for a complete determination or settlement of the claim
subject of the action.";
2
WHEREAS, public records3 show that SEM-Calaca Power
Corp., Masinloc Power Partners Corp., Therma Luzon Inc., San
Miguel Energy Corp., South Premiere Power Corp., and Therma
Mobile, Inc. have existing Power Supply Agreements with MERALCO
and supplied MERALCO with power during November 2013 when
the generation costs increased;
WHEREAS, the petitioners alleged that "a very high ceiling
price was revealed, at P62/kWh sold at the Wholesale Electricity Spot
Market (WESM), while normally the price is way below this on the
average in the spot market"4 but failed to implead the Philippine
Electricity Market Corporation (PEMC), which was incorporated as
WESM' s governance arm, as a necessary party;
WHEREAS, a necessary party is "one who is not indispensable
but who ought to be joined as a party if complete relief is to be
accorded as to those already parties, or for a complete determination
or settlement of the claim subject of the action."s
WHEREAS, Rule 3, Section 9 of the Rules of Court provides
that a pleader has the duty to set forth the name of the necessary
party, if known, and the reason why the necessary party was omitted.
If the reason given is found to be unmeritorious, "[the court] may
order the inclusion of the omitted necessary party if jurisdiction over
1
GR. No. 210245, Petition, pp. 9 and 18.
2
Rules of Court, Rule 3, Section 8.
3
See Electricity Rate Tables from the MERALCO website. Available at:
<http://www.meralco.corn.ph/pdf/rates/201 3/December/ l 2_201 3 _ GC _ Table.pdf.>
4
GR. No. 210245, Petition, p. 12.
5
Rules of Court, Rule 3, Section 8.
Order
his person may be obtained."6
G.R. No. 210245 & 210255
January 9, 2014
WHEREAS, Rule 3, Section 11 of the Rules of Court recognizes
that parties may be added by court order on its own initiative at any
stage of the action and on such terms as are just.7
NOW, THEREFORE, You, petitioners, are hereby ordered to
AMEND your Petitions to IMPLEAD the Philippine Electricity
Market Corporation, SEM-Calaca Power Corp., Masinloc Power
Partners Corp., Therma Luzon Inc., San Miguel Energy Corp., South
Premiere Power Corp., and Therma Mobile, Inc. as necessary parties,
to be filed and served personally on them on or before January 13,
2014.
These additional respondents are required to (1) file and serve a
COMMENT on the Amended Petitions by personal service no later
than January 20, 2014 and (2) ATIEND the initial Preliminary
Conference on January 13, 2014 or FILE, on or before January 10,
2014, the NECESSARY MANIFESTATION in Court should they
desire to waive their right to participate in the scheduled oral
arguments on January 21, 2014.
The Motion by the Office of the Solicitor General is DENIED.
Accordingly, public respondents, through the Office of the Solicitor
General, are required to (1) file and serve a COMMENT on the
Petitions on or before January 17, 2014 by personal service, and (2)
ATIEND the initial Preliminary Conference on January 13 , 2014.
GIVEN by authority of the Hon. MARIA LOURDES P. A.
SERENO, Chief Justice of the Supreme Court of the Philippines,
upon written recommendation of the Member-in-Charge, this 9th day
of January, 2014, in Manila, Philippines."
Copy furnished:
PUBLIC INFORMATION OFFICE (x)
JUDICIAL RECORDS OFFICE (x)
ROLLO ROOM (x)
Supreme Court
6
Rules of Court, Rule 3, Section 9.


7
Rule 11 . Misjoinder and non-joinder of parties. - Neither misjoinder nor non-joinder of parties is
ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of
any party or on its own initiative at any stage of the action and on such terms as are just. Any claim
against a misjoined party may be severed and proceeded with separately.
mr
jnqrrtmt

EN BANC
Bayan Muna Representatives
NERI JAVIER COLMENARES
and CARLOS ISA GANI
ZARATE, Gabriela Women's
Party Representatives LUZ
ILAGAN and EMMI DE
JESUS, Act Teachers Party-List
Representative ANTONIO
TINIO, and Kabataan Party-List
Representative TERRY RIDON,
Petitioners,
-versus -
ENERGY REGULATORY
COMMISSION and MANILA
ELECTRIC COMPANY,
Respondents.
X - - - - - - - - - - - - - - - - - - - - - -X
NATIONAL ASSOCIATION
OF ELECTRICITY
CONSUMERS FOR
REFORMS, represented by
Petronila L. Ilagan,
FEDERATION OF VILLAGE
ASSOCIATIONS, represented
by Siegfriedo A. Veloso,
FEDERATION OF LAS PINAS
HOMEOWNERS
ASSOCIATION, represented by
Bonifacio Dazo, and RODRIGO
C. DOMINGO, JR.,
Petitioners,
-versus -
MANILA
COMPANY,
REGULATORY
ELECTRIC
ENERGY
G.R. No. 210245
G.R. No. 210255
ORDER
Order
, . , , ' : r
- If/ "
'
i
.C.QMI\PSSION and
OF ENERGY,
Respondents.
X - - - - - - - - - - - - - - - - - - - - - -X
TO: Atty. MARIA CRISTINA P. YAMBOT (x)
Counsel for Petitioners in G.R. No. 210245
45 K-7th St., Brgy. West Kamias
Quezon City
Atty. RENE A.V. SAGUISAG (x)
Counsel for Petitioners in G.R. No. 210255
4045 Bigasan St., Brgy. Palanan
Makati City
Atty. NELSON A. LOYOLA (x)
Counsel for Petitioners in G.R. No. 210255
Suite 201 Carreon Building
2746 Zenaida St., Brgy. Poblacion
Makati City
Atty. RONNIE B. RODILLAS (x)
Counsel for Petitioners in G.R. No. 210255
137 Libis Gochuico St., Circumferential Road 3
Caloocan City
The SOLICITOR GENERAL (x)
134 Amorsolo St., Legaspi Village
Makati City
DEPARTMENT OF ENERGY (x)
c/o Secretary Carlos Jericho L. Petilla
Energy Center, Rizal Drive
Bonifacio Global City, Taguig City
ENERGY REGULATORY COMMISSION (x)
Pacific Centre Building
San Miguel Avenue, Pasig City
MANILA ELECTRIC COMP ANY (x)
Lopez Building, Ortigas Avenue
Pasig City
GREETINGS:
G.R. Nos. 210245 & 210255
January 7, 2014
WHEREAS, the above-entitled cases are scheduled for oral
arguments on January 21, 2014;
WHEREAS, there is need to schedule a preliminary conference with
the counsels of the parties to determine and/ or identify the pertinent
issues raised by the parties involved and the respective order by which
these issues are to be discussed during the oral arguments;
Order G.R. Nos. 210245 & 210255
January 7, 2014
NOW, THEREFORE, You, counsels, are hereby required to (a)
ATIEND the PRELIMINARY CONFERENCE on January 13, 2014,
Monday, at 2:00 p.m. at the Justices' Lounge, '111 Floor, New Supreme
Court Building (Annex), Padre Faura St., Ermita, Manila and/or (b) FILE,
on or before the same date, the NECESSARY MANIFESTATION
should you desire to waive your right to participate in the scheduled oral
arguments.
GIVEN by authority of the Hon. MARIA LOURDES P. A. SERENO,
Chief Justice of the Supreme Court of the Philippines, upon the written
recommendation of the Member-in-Charge, this '111 day of January 2014, in
Manila, Philippines.
Copy furnished:
OFFICE (x)
JUDICIAL RECORDS OFFICE (x)
Supreme Court
EN
1%{!! of Court f1

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