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The Northern Davao Electric Cooperative (NORDECO) has protested the implementation of a court-issued writ of possession that allowed Davao Light and Power Company (DLPC) to assume distribution operations in the Island Garden City of Samal, as tensions continue over overlapping utility franchises in Davao del Norte.
NORDECO denounced what it described as the “forcible” enforcement of the writ of possession issued by the Regional Trial Court Branch 4 in Panabo City, which granted DLPC control of distribution assets in Samal.
Takeover Questioned
In a statement, the cooperative said the implementation of the court order was “totally illegal,” arguing that certain matters related to the writ were still pending resolution. “The purported implementation of the Writ of Possession by the Sheriff and Local Government Officials was ILLEGAL,” NORDECO said, referring to the Feb. 25 enforcement led by Sheriff Jonathan E. Flores.
The cooperative said the writ allowed DLPC to take control of distribution facilities in areas where both utilities hold franchises. These assets include poles, power lines, transformers, and related infrastructure covered under DLPC’s expanded franchise under Republic Act No. 12144.
NORDECO also questioned the timing of the takeover, citing a February 24 court order indicating that a motion for reconsideration had yet to be resolved.
Power interruption
The cooperative said the enforcement of the writ led to a temporary power interruption affecting the entire island. According to NORDECO, its generation provider, Phil Power Ventures Corporation (PPVC), reported that personnel allegedly acting under instructions from officials and representatives of DLPC manually opened equipment at the power plant.
“PPVC insisted that acting upon the order of the sheriff, local government officials present thereat and DLPC and over its objection, using a hot stick, the crew of DLPC manually opened the reclosers at the Power Plant Facility of PPVC … which caused power interruption in the whole island for 30 long minutes,” NORDECO said.
The cooperative added that the action allegedly violated standard operating and safety procedures for switching operations and resulted in financial losses.
Dispute Over Franchise Rights
NORDECO maintained that its congressional franchise to operate in the area remains valid until 2033 and said it would continue to protect the interests of its member-consumer-owners while pursuing legal remedies. The cooperative also argued that the recent Supreme Court decision related to DLPC’s franchise expansion does not eliminate NORDECO’s authority to operate.
Citing jurisprudence involving the Iloilo Electric Cooperative (ILECO) and MORE Electric and Power Corporation, NORDECO said overlapping utility franchises are legally permissible. “A franchise is not exclusive,” the cooperative said, referring to provisions of the 1987 Constitution allowing multiple operators in the same service area.
NORDECO also criticized the manner of the takeover, describing the events as “mob rule at the behest of DLPC and participated by political leaders promoting their 2028 political agenda.”
For its part, DLPC said it has begun providing services in Samal following the court order. In an advisory posted on social media, the company said it is ready to supply electricity to residents.
DLPC President Enriczar Tia earlier said the Supreme Court ruling affirmed the validity of the company’s expanded franchise and does not allow parallel operations between the two utilities.
Support For NORDECO
The Association of Mindanao Rural Electric Cooperatives (AMRECO) expressed support for NORDECO, describing the Supreme Court ruling cited in the dispute as a “landmark victory” for electric cooperatives.
“This decision reinforces a vital truth: that the rule of law exists to protect the many, not just the few,” AMRECO said in a statement.
Despite the transition in Samal’s distribution system, NORDECO reiterated that it remains a lawful franchise holder and pledged to continue serving consumers while contesting the takeover through legal channels.
Source:
https://newsinfo.inquirer.net/2188310/tension-rise-between-davao-power-distributors
