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Egay Uy

THE recurring blackouts not only in Cagayan de Oro but in the entire island of Mindanao as well makes us wonder what has happened to the money power consumers have been paying the power generating companies through the distribution utilities as charges for ancillary services.

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Ancillary services may either be for back-up power, reserve power, load following so that there will be no voltage drops, and similar other services.  These services are then translated into ancillary charges which we, the end-users, pay as part of the generation charge.

Services covered by ancillary charges are a means to support the main supply of power such that whenever power supply decreases, the back-up generators that are supposed to provide ancillary services are operated.  Hence, supposedly there ought to be no brownouts.

The rotating blackouts are, to an ordinary power consumer or end-user, an indication that the payments we made for supposed ancillary services may not have been used exactly for the purpose for which they were collected in the first place.

Why? Because if consumers have been paying for back-up power, why in the world will there still be blackouts?  Now, if blackouts are inevitable with the kind of power supply that Mindanao has, then is paying ancillary charges justifiable?

Why should consumers pay for reserve charges when there is no reserve power to speak of in the first place?

The supposed dismissal of Mayor Oca Moreno from his post, as handed down by the Ombudsman a few days ago, has stirred Cagayan de Oro.  Detractors, political opponents and disgruntled former supporters may be having a blast over the reported dismissal of Mayor Oca.

But could the Office of the Ombudsman have committed a mistake?  Probably, because the decision categorically said that Mayor Oca did not file his counter-affidavit in the case. Mayor Oca however said he did, and his lawyer, Atty. Jonathan Pacuribot, even posted on Facebook a copy of the filed counter-affidavit.

I have not read the official copy of the decision yet but if the dismissal of Mayor Oca was purely based on his failure to file his counter-affidavit, then there could be a miscarriage of justice here.

It is good that the Deputy Ombudsman for Mindanao has categorically stated that the decision has not yet reached finality, and Mayor Oca still has legal remedies available to him.  Such remedies could very well be the avenue for Mayor Oca to have the decision against him reversed.

But where is the counter-affidavit that Mayor Oca filed before the Ombudsman?  Why did the decision say he did not file one?  Was his counter-affidavit lost from the case files?  Or did somebody deliberately remove it?

The truth will later prevail.

 (Egay Uy is a lawyer, city hall consultant, and chairman of Task Force Hapsay Dalan.)

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