Ryan Amper, convenor of the Davao Consumer Movement (DCM), responded to the Northern Davao Electric Cooperative (Nordeco), Inc.’s filing of a Petition for Certiorari and Prohibition with Prayer for Writ of Preliminary Injunction and Temporary Restraining Order before the Supreme Court (SC), calling it “a last-ditch effort to extend poor power services in Davao del Norte and Davao de Oro.”
In a statement dated May 24, 2025, and released on Tuesday, Nordeco announced that it had filed the petition before the SC, seeking to declare Republic Act 12144— a law allowing Davao Light and Power Company (DLPC) to take over its franchise areas— “unconstitutional.”
Amper countered Nordeco’s claims, asserting that Republic Act 12144 is legally sound, reflecting the intent of the legislators who crafted Senate Bill 2888 and House Bill 11072 and aligning with previous Supreme Court rulings on electric cooperatives.
Nordeco argued that RA 12144 is unconstitutional, citing alleged violations of the due process clause of the 1987 Constitution and claiming the petition was necessary to defend its existing franchises and support the government’s total electrification program by 2028.
“We highly doubt that the legislative process behind RA 12144 lacked due process, considering Nordeco was given the opportunity to present its position during congressional and Senate hearings. Lawmakers scrutinized every detail to ensure the law improves the power situation in Davao del Norte and Davao de Oro,” Amper stated.
He further emphasized that public sentiment overwhelmingly favors a transition in power service, both on social media and within local communities.
A survey commissioned by DCM revealed that 97% of respondents in Davao del Norte and 80% in Davao de Oro support a change in power providers.
“With such strong public support, the people have spoken—this alone outweighs any claims about due process,” Amper added.
He also noted that the Supreme Court has previously ruled on cases regarding electric cooperatives claiming exclusive franchises.
