With the prospect of convening a special session of Congress getting dimmer, Malacañang is exploring its alternatives to address the power crisis in Mindanao without need to seek congressional approval.

Deputy Presidential Spokesman Gary Olivar said they are looking at the possibility of leasing or renting generator sets and power barges to augment the power supply in Mindanao, among other options, that may not require the consent of lawmakers.

Olivar said the President will consult her legal team on how to implement energy-related measures that are still within the bounds of her powers granted by the Constitution.

“Some say the government is prohibited from contracting new capacity and contracting might be interpreted to mean acquiring generating assets or constructing generating assets. Now if we enter into temporary arrangements to lease generating sets or power barges, which we will not buy, we will not acquire, it is possible.

“Some lawyers might say that you can do that even without a special session. Let us call that an aggressive opinion which the President needs to closely study,” he said over government radio.

“We will try our best but if Congress will not allow us, there is only so much we can do,” he added.
While the government is studying its alternative action plan, the President would still persuade lawmakers to muster a quorum for a special session to authorize her government to increase generating capacities in Mindanao, according to Olivar.

The President earlier adopted the recommendations of Energy Secretary Angelo Reyes to declare a power crisis in Mindanao to enable her government to implement Congress-approved measures to mitigate the problem.

By declaring a power crisis, the President could invoke Section 71 or the Electric Power Crisis Provision of the Electric Power Industry Reform Act (EPIRA) of 2001, which provides that “upon the determination by the President of an imminent shortage of the supply of electricity, Congress may authorize, through joint resolution, the establishment of additional generating capacity under such terms and conditions as it may approve.”

Senate President Juan Ponce Enrile and House Speaker Prospero Nograles have informed the President about the lack of quorum for a special session since many members of the two houses of Congress are campaigning for the polls, Olivar added.

Pending the review of extra measures to deal with the Mindanao power situation, he said the Department of Energy has proposed a load-sharing scheme in which industries may share excess electricity with other firms.

During the May 10 elections, these large power users could also take a holiday so there would be enough electricity in poll precincts especially in Mindanao which has been battling daily rotating brownouts, according to Olivar.

He also reiterated the Palace appeal to the public to conserve energy amid the dwindling generating capacity of hydroelectric plants due to the El Niño phenomenon.

Earlier, Malacañang said the President would only call a special session of Congress if lawmakers can guarantee a quorum. It would be an embarrassment if the President calls for a special session and lawmakers won’t show up, according to Palace officials.