MANILA, Philippines – Graft and other administrative complaints were filed on Wednesday, July 19, against commissioners of the Energy Regulatory Commission (ERC) for allegedly using the agency’s monitoring budget to fund “extravagant travels.”

The complaints, filed with the Office of the Ombudsma, are against ERC commissioners Josefina Patricia Magpale-Asirit, Alfredo Non, Gloria Victoria Yap-Taruc, Geronimo Sta Ana, and Market Operations Service Director Debora Anastacia Layugan.

It was filed by the groups Sanlakas and Freedom from Debt Coalition.

Diverted funds?

A total of 51 travels, undertaken by the commissioners from 2013 to 2015, are in question.

Complainants cite an official budget report by the Philippine Electricity Market Corporation (PEMC), which shows that fees they paid to the ERC meant for monitoring facilities were utilized to fund the travels.

PEMC is regulated by the ERC as the market operator of the Wholesale Electricity Spot Market or WESM. 

WESM is the government’s wholesale electricity spot market. As operator of WESM, ERC regulates PEMC by reviewing the agency’s proposal for rates of the Market Transaction Fees (MTFs).

In 2008, ERC issued a directive, which charges PEMC 2% of the MTFs they collect. That 2% shall be dedicated to purchasing equipment, machine, and other facilities so that the ERC and the Department of Energy could monitor PEMC.

But according to the complainants, PEMC’S report on budget utilization of MTFs from 2009 to 2015 reveal that some of the money covered airline tickets, hotel accommodations, and clothing allowance for the commissioners.

Complainants allege that this money is the 2% meant for monitoring purposes.

Travels

All in all, the 51 travels cost P15 million, broken down per commissioner as:

• Non – P3,516,520.45
• Taruc – P4,899,120.10
• Asirit – P741,921.80
• Layugan – P5,881,956.72

These travels range from coordination meetings in Australia, Canada, and Washington DC, to  trainings held locally. 

“Further research and examination of official records reveal that respondents have not only been illegally receiving funds from PEMC, they have also sourced a number of their travel funds from other regulated entities of ERC whose identities only they know of,” the complaints said.

Complainants allege that travel memoranda would show the ERC only shouldered pre-departure expenses for the said travels, while the rest have not been declared, nor were they liquidated.

“It would highly be incredible and definitely worthy of belief if they claim that they personally shouldered the expenses of their supposed official travels abroad which amount could reach hundreds of thousands of pesos,” the complaint added.

Complainants seek to charge the said commissioners with graft, indirect bribery, technical malversation, and administrative offenses, such as grave misconduct, serious dishonesty, gross neglect of duty, and ethical violation. – Rappler.com