Nacionalista Party (NP) standard bearer Senator Manny Villar Tuesday warned President Arroyo against bypassing Congress in dealing with the power crisis in Mindanao, saying this could only create confusion and not solution to the problem.

Villar issued the warning following reports that Malacañang is contemplating to bypass Congress to address the power shortage in Mindanao, which is now experiencing frequent brownouts due to low electricity reserves, causing disruptions in commercial and industrial activities in the region.

Villar said the President in addressing the crisis, should still follow the law, warning that any solution that is extrallegal could trigger a public backlash.

In his press statement Villar said that “no matter how noble the intentions are, if that is indeed the case, it would still not justify skirting or bending the law.”

Villar cited Section 71 of the Electric Power Industry Reform Act (EPIRA) that bars the government from generating additional power unless allowed by Congress through a joint resolution, but President Arroyo’s legal advisers believe an “aggressive” interpretation of the law would allow state utilities to generate additional capacity even without congressional approval.

Also Tuesday, Sen. Francis ‘’Chiz’’ Escudero warned possible suppliers of the inherent illegality of their power-related contracts in case President bypasses Congress in dealing with the energy crisis in Mindanao.

"If she does so, that will make the contracts she entered into voidable,’’ Escudero said.

Escudero issued the statement following reports that the Chief Executive is considering bypassing Congress in attempting to solve the power crisis in the country, particularly Mindanao.

Reports stated that Malacañang Palace legal experts believe an ‘’aggressive’’ interpretation of the EPIRA Law may allow state utilities to generate additional electric capacity even without congressional authority.

Most Congress leaders, including administration allies, are against the granting by Congress of emergency powers to the President in dealing with the power crisis, stressing that there are existing laws, particularly the EPIRA, that could be used by the President in resolving power-related problems.

The NP standard bearer pointed out that the law is very clear that the approval of Congress is needed in order to generate additional capacity.

That provision of the law is there for a reason and in this case, I believe it is to prevent abuse by the powers-that-be. It works as a check-and-balance mechanism,” he said.

“If Congress intended that President Arroyo could do that without congressional nod, then it should have stated so in unequivocal terms. But it is clear and that is what should be done.” (with a report by Mario B. Casayuran)