Chief Justice Renato C. Corona’s order stopping the sale of the 246-megawatt hydroelectric power plant (HEPP) component of Angat Dam in Bulacan has received concurrence from his colleagues in the Supreme Court (SC).

In its first regular session under the Corona court last Tuesday, the SC en banc confirmed the status quo ante order issued by the new Chief Justice on the Angat Dam case during the recess.

On May 24, or exactly one week after he assumed the Chief Justice post, Corona issued the order preventing various government agencies from proceeding with the sale of the HEPP facility to a Korean company.

In a resolution, Corona said he found the petition filed by several non-government organizations – including the Freedom from Debt Coalition – to be “sufficient in form and substance.”

Corona said “allegations, issues raised, and arguments adduced in the petition” prompted the court to issue the order. He also ordered the respondents led by the Power Sector Assets and Liabilities Management Corp. (PSALM), to comment on the petition within 10 days from receipt of the court’s notice.

The order was issued while the SC en banc was in recess. Under the rules, the Chief Justice is authorized to issue a TRO on behalf of the other justices when the court is not in session.

In their petition, groups led by FDC argued that PSALM committed grave abuse of discretion when it conducted the bidding of Angat HEPP “in secrecy and in disregard of the people’s right to information, right to water and in violation of its mandate and the Constitution.”

Under Republic Act 9136 or the Electric Power Industry Reform Act (EPIRA), PSALM is mandated to privatize all the assets of the National Power Corp., including the Angat HEPP.

Besides PSALM, also named as respondents in the case are the Metropolitan Waterworks and Sewerage System (MWSS), National Irrigation Administration (NIA), and the six companies who are taking part in the bidding process for Angat HEPP.

According to the petitioners, PSALM is about to issue a notice of award to Korea Water Resources Corp. (K-Water), the declared highest bidder for the generation plant.

The Korean firm beat local bidders such as First Gen Northern Energy Corp., San Miguel Corp., SN Aboitiz Power-Pangasinan, Inc., Trans-Asia Oil and Energy Development Corp., and DMCI Power Corp.

The petitioners said PSALM acted with grave abuse of discretion amounting to excess of jurisdiction when it allowed a foreign-owned corporation to participate in the bidding process, which is in violation of Article XII, Section 2 of 1987 Constitution, the Water Code of the Philippines and the EPIRA law.

They pointed out that PSALM commenced with the bidding process without having previously released to the public critical information pertinent to the sale of the public asset.

PSALM likewise refused to divulge information related bidding and pursued a bidding process that is not open and transparent, and one that discriminatorily limited participation to private sectors, they added. (Edmer F. Panesa)