G.R. No. 227670. May 3, 2019

G.R. No. 227670. May 3, 2019

Alyansa Para sa Bagong Pilipinas, Inc. (ABP) Vs. Energy Regulatory Commission, et al. http://sc.judiciary.gov.ph/3601/

WHEREFORE, the petition for certiorari and prohibition is GRANTED. The first paragraph of Section4 of Energy Regulatory Commission Resolution No. 13, Series of 2015 (CSP Guidelines),and Energy Regulatory Commission Resolution No. 1, Series of 2016 (ERC Clarificatory Resolution), are hereby declared VOID ab initio. Consequently, all Power Supply Agreement applications submitted by Distribution Utilities to the Energy Regulatory Commission on or after 30 June 2015 shall comply with the Competitive Selection Process in accordance with Department of Energy Circular No. DC2018-02-0003 (2018DOE Circular)and its Annex "A." Upon compliance with the Competitive Selection Process,the power purchase cost resulting from such compliance shall retroact to the date of effectivity of the complying Power Supply Agreement, but in no case earlier than30 June 2015, for purposes of passing on the power purchase cost to consumers.

Separate Concurring Opinion

 * Estela Perlas-Bernabe
 * http://sc.judiciary.gov.ph/3603/

Dissenting Oppinion

 * Alfredo Benjamin Caguioa
 * http://sc.judiciary.gov.ph/3605/
 * Andres Reyes Jr.
 * http://sc.judiciary.gov.ph/3609/