Re-computations

Casureco II President Nixon Tabora has recently issued a statement that the power cooperative will no longer honor “re-computed” electric bill payments of its consumer-members based on the July 6, 2010 court decision of Judge Marvel Clavecilla of RTC Branch 33. Tabora reasoned that the two institutions undertaking the re-computations were not legally authorized to do so, namely the Naga City GovernmentLegal Office and the Integrated Bar of the Philippines (IBP) Camarines Sur Chapter. Tabora, a lawyer, thus pointed out that such “re-computations” had no legal basis and therefore Casureco II is not bound to accept them.

While such logic of Tabora seemed unassailable, it is however betrayed by the crucial fact—conveniently ignored in this case—that Casureco II has been legally proscribed by an RTC court order from charging its consumers more than the March 2010 power rate which is P4.8939/kWh. In other words, although it can be admitted that both the IBP and the City Legal Office are not mandated per se to make “re-computations” of consumers’ power bills, it must also be acknowledged that Casureco II management has no legal authority either to charge consumers more than P4.8939/kWh. The former results from the latter.

If Casureco II wishes for IBP and the City Legal Office to desist from “meddling” with the power coop’s computation of its consumers’ electric bills, it must also cease defying the RTC order barring it from illegally charging consumers higher power rates.

In retrospect, what Tabora’s statement calls attention to really is Casureco II management’s defiance of the law and the law’s lack of teeth in biting it back. Granted that the power cooperative has filed a motion for reconsideration on Judge Clavecilla’s July 6 ruling, it remains bound nonetheless by that court order until a formal resolution is issued. And yet, Tabora et al persist in their defiance of that court order, of the law.

They ought to be cited for contempt of court and appropriately penalized.