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EDITORIAL: More Clavecillas in CaSurECo II

January 16, 2014 by bicolmail in Opinion with 0 Comments

A summary hearing initiated by Branch 33 of the Regional Trial Court (RTC)  in Pili, Camarines Sur, presided by Judge Marvel  C. Clavecilla on Civil Case P-2547 for Injunction with Application for Temporary Restraining Order (TRO) has established the right of consumers-and-end-users of Camarines Sur II Electric Cooperative (CaSurECo II) to insist that their cooperative should be properly managed and judiciously run for and behalf of its member consumers.

The plaintiffs in this case are not just three brave ladies —- Genoviva Dimaiwat, Josephine Leonides, and Evangeline Laurente —— but all the consumers-and-end-users of Casureco II. The complaint filed by these three women before the court in 2010 and the order issued by the court on July 6, 2010 have gone literally viral among the consumers-and-end-users of Casureco II. These three women have personified how they struggled, inspiring each and every end-user of CaSurECo II to institute protests and who, before this case was filed in 2010, found themselves powerless before the powers-that-be and the continual increases in power rates imposed on them.

What is so marvelous about this case is that the plaintiffs have identified a worthy issue that has unified the consumers-and-end-users of CaSurECo II and that they have found a court that would listen to their pleadings.

What is so marvelous about this case is that Judge Marvel C. Clavecilla has virtually underscored the right of the court to review the power rates imposed by the cooperative —- and more virtually to review whether the cooperative is truly a cooperative which should protect the interest of the consumers-and-end users, not the interest of the Independent Power Producers or of the Energy Regulatory Commission or the National Grid Corporation or the National Power Corporation.

What is so marvelous about this case is that Judge Marvel C. Clavecilla is standing firm on what he ruled four years ago — that he had granted the petition of the plaintiffs, that he has issued against the respondent a writ of permanent injunction which has remained valid, effectives and enforceable to date. A judge of weaker stuff could have mellowed and softened his views on current issues. Not Judge Marvel Clavecilla.

While the city administration has been distressed on how to resort to legal technicalities so that the city can have its hand run the central business terminal or how the district representative in Congress could bring enough funds for the district, Judge Marvel Clavecilla has found an issue whereby he could give the consumers-and-end-users of the cooperative a good turn. Aside from instructing that CaSurECo II “shall desist and desist from imposing unannounced and intermittent power stoppages in any and all areas within the entire area of its coverage, except for just causes’ and that “any violation thereof shall be construed as a retaliatory act to be sanctioned accordingly,” the judge required the cooperative to post notices of this nature in conspicuous places in the head office and in towns covered by the cooperative.

Should there be more Judge Marvel Clavecillas in the Regional Trial Court, this would give hope for those who have less in life that they have more in law.

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