NORTHERN Davao Electric Cooperative (Nordeco) filed a petition before the Supreme Court for review and certiorari and the issuance of a temporary restraining order against the writ of possession issued by RTC Branch 2-Tagum City in favor of Davao Light and Power Company.
“With the enforcement of Regional Trial Court Branch 2-Tagum City of the writ of possession, Nordeco informs our valued member-consumer-owners (MCOs) that it is not final,” Nordeco said in a press release on Monday.
Nordeco stressed to avail all legal remedies available to prevent power interruption in Tagum City.
It noted that the writ issued only covers the four substations in Tagum City and Asuncion, all in Davao del Norte, and the Nordeco Tipaz Office, but excludes the distribution lines serving Tagum City.
Nordeco warned that the Municipalities of New Corella, Talaingod, and Kapalong, all in Davao del Norte Province, and the Municipality of Laak, Davao de Oro Province, will be deprived of power supply as their power is sourced from Nordeco’s Asuncion Substation, which is included in the Writ filed by DLPC.
“Hence, Nordeco will still continue to serve as it still holds the franchise year until 2028,” it stressed.
Nordeco reaffirmed that it is still the legitimate distribution utility of these areas following the Supreme Court (SC) ruling on Iloilo I, II, and III Electric Cooperatives, Inc. versus MORE Power case, as cited by the recent SC ruling in response to Nordeco’s petition.
It emphasized that “monopoly in franchise is unconstitutional and co-existence is permitted pursuant to Section 11, Article 12 of the 1987 Constitution.”
On the other hand, it can be noted that the RTC Branch 34, Panabo City, has issued the writ of possession for Davao Light and Power Co. (Davao Light), allowing the utility company to take over some of the Northern Davao Electric Cooperative’s assets in the Island Garden City of Samal (IGaCoS).
The writ for the power distribution system in the IGaCos was enforced last Feb. 25. This is part of the implementation of Republic Act 12144, granting Davao Light the authority to expand its franchise in areas in Davao del Norte and Davao de Oro.
