The Special Former Thirteenth Division of the Court of Appeals has directed the Energy Regulatory Commission to immediately implement the court’s decision and allow the P34 billion worth of total payments to San Miguel Corp.’s power units.
SMC subsidiary San Miguel Global Power Holdings Corp. disclosed to the Philippine Dealing & Exchange Corp. that it received on July 11, 2025, from the counsels of South Premiere Power Corp. (SPPC) and San Miguel Energy Corp. (now named Sual Power Inc.), a copy of the CA ruling dated June 27, which partially granted the motions of SPPC and SMEC.
“The Energy Regulatory Commission is directed to immediately implement our decision dated June 27, 2023 and without further delay, act on the motions and make the necessary computation and breakdown of the appropriate amount for payments to petitioners South Premiere Power Corporation and San Miguel Energy Corporation, pursuant to their joint motions for price adjustments with Manila Electric Company,” the CA decision said.
The case stemmed from the ERC’s decision to deny SMC and Manila Electric Co’s plea for a rate hike, citing a lack of legal and factual basis.
SMC appealed the decision to the Court of Appeals, which overturned the ERC’s ruling. The ERC then brought the matter to the Supreme Court, which issued a favorable ruling to SMC.
The high court’s decision affirms a CA ruling that upheld SMC’s right to invoke a “change in circumstance” clause in SMC’s power supply agreements (PSAs) with Meralco.
SMGP said the recent CA resolution stated that it partially granted SPPC and SPC’s motion to direct the court of origin to issue a writ execution.
The CA also directed the ERC to submit proof of its compliance with the resolution within 30 days from the issuance of the notice.
The Supreme Court denied with finality an appeal filed by the ERC last year against a rate hike petition by San Miguel’s subsidiaries and Meralco.
ERC chairperson Monalisa Dimalanta said last year SMC’s motions are “still under evaluation.”
She said the ERC wants evaluate the basis of SMC’s filling including the supporting documents.
Dimalanta said that while the courts have issued their ruling, “I’m sure they do not expect us to just approve a blank check without supporting documents.”
“So we need to make sure that all the requirements are met,” Dimalanta said.
