Dimalanta steps down as ERC chair after Ombudsman suspension

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Energy Regulatory Commission (ERC) chairperson Monalisa Dimalanta stepped down from her post after the regulator’s Office of the Executive Director of the Energy officially received the six-month suspension order from the Office of the Ombudsman before 10 am Monday.

The Ombudsman suspended Dimalanta from government service for six months without pay. She has temporarily vacated her post at ERC to serve the six-month suspension.

Wala pong (There is no) resignation. [We] will fight this out,” Dimalanta said. She noted she is considering to file a motion for reconsideration, but is still waiting for her lawyer’s advice.

“Studying the filing of a motion for reconsideration but waiting for lawyers’ advice because we just saw the Order today and still no copy of complaint. So it is a bit difficult to answer or address the charges if we don’t know what they are,” Dimalanta said.

In the Order by the Ombudsman, it directed the Office of the Executive Secretary of the Office of the President to implement the suspension and to appoint an Officer-in-Charge (OIC) of the ERC.

Dimalanta immediately ceased to perform her functions as chairperson and chief executive of the ERC upon receipt of the order.

“All operations of the agency shall continue to function, to the extent possible and as required by the exigencies of service,” the ERC said.

Dimalanta said she has not been provided a copy of the complaint against her.

“The order does contain some allegations of the complaint, without providing, however, any statement as to the evidence submitted by the complainant that became the basis for the issuance of the preventive suspension order,” the regulator said.

“Chairperson Dimalanta and her lawyers are studying the matter in order to take all available legal remedies given the circumstances,” the ERC said.

The Ombudsman said Dimalanta’s suspension was in connection with Manila Electric Company’s purchase of power from the Wholesale Electricity Spot Market (WESM) and subsequent unauthorized billing of consumers.

The decision, which was handed down on Thursday last week, arose from a complaint filed against Dimalanta by the National Association of Electricity Consumers for Reforms, Inc. (Nasecore).

In an order dated Aug. 27, Ombudsman Samuel Martires tasked Executive Secretary Lucas Bersamin with implementing the ERC chair’s suspension.

The Ombudsman said Dimalanta allowed Meralco to purchase electricity from the WESM and pass the charges on to consumers without obtaining the necessary approval from the ERC, in violation of the Electric Power Industry Reform Act (EPIRA).

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