The Regional Trial Court in Polomolok, South Cotabato, has lifted a temporary restraining order (TRO) blocking the plebiscite on the proposed joint venture between South Cotabato II Electric Cooperative (SOCOTECO II) and IGNITE Power and Energy Holdings Inc., clearing the way for member-consumer-owners (MCOs) to vote on the deal.
In a 12-page resolution dated September 11, Judge Vicente Andiano of RTC Branch 62 granted SOCOTECO II’s motion to lift the TRO and junked MCO Eugenio Mangilaya’s application for a writ of preliminary injunction.
The court ruled that Mangilaya failed to establish the requirements for the remedy, saying his claims largely rested on allegations that SOCOTECO II’s board lacked transparency in approving the conditional joint venture agreement (CJVA) between SOCOTECO II and IGNITE Power, including the alleged failure to provide members with copies of the board resolution and agreement.
“What plaintiff offers is a conjecture presented as violation, and an injunction will not protect a right founded on nothing more than speculative claim,” the court said.
It likewise rejected claims that proceeding with the plebiscite would cause irreparable injury, noting that the CJVA remained conditional and had yet to reach its final stage.
The court said that if the plebiscite were later found to have been tainted by irregularities, Mangilaya could still pursue his main case seeking the nullification of the plebiscite and CJVA, as well as damages.
“The JVA remains subject to a final, independent stage. It has not yet happened. Until it does, whatever consequence plaintiff fears from it remains a possibility hedged by condition, not an injury demonstrable in the present,” the court said.
The RTC ruling immediately lifted and dissolved the Sept. 4 TRO, which had been extended until Sept. 24. The original TRO halted the first leg of the plebiscite scheduled for Sept. 5 and 6. The extension was issued after a summary hearing on Sept. 7.
With the TRO lifted, SOCOTECO II said voting could proceed. The cooperative, however, said it would no longer hold voting on Sept. 12-13 due to limited preparation time following the court ruling. The remaining voting dates are Sept. 19-20 and Sept. 26-27.
The court order came as thousands of SOCOTECO II MCOs gathered in General Santos City and Polomolok on Friday to express support for the proposed CJVA with IGNITE. Organizers estimated that around 5,000 MCOs attended the gatherings, including nearly 3,000 at Plaza Heneral Santos.
The supporters said the proposed partnership could provide SOCOTECO II with the capital and technical expertise needed to rehabilitate and modernize its aging distribution system. The rally was held amid opposition to the deal, including a congressional push for an inquiry by General Santos Rep. Shirlyn Bañas-Nograles.
Bañas-Nograles, vice president for Mindanao of the Duterte wing of PDP-Laban and a political rival of Manny Pacquiao, filed a House resolution questioning the proposed partnership, including the selection of IGNITE as private-sector partner. The resolution, however, did not establish wrongdoing in the proposed deal.
Bañas-Nograles’ brother, General Santos City Councilor Cesar Bañas Jr., has also publicly urged MCOs not to support the partnership.
IGNITE Power is backed by Primelectric Holdings Inc. and Pacquiao’s MP Holdings Inc.
SOCOTECO II, meanwhile, has argued that bringing in a private-sector partner is necessary to address its financial and operational difficulties. The cooperative has accumulated losses and faces aging infrastructure and system losses that have been cited as major challenges to its operations.
The court ruling now places the decision on the proposed CJVA back before the cooperative’s MCOs, who will determine through the plebiscite whether the partnership should proceed.
