Petron, Shell file TRO petitions versus fuel cost unbundling policy
By Myrna M. Velasco
The country’s two major oil companies have separately filed petitions for temporary restraining order (TRO) before two regional trial courts (RTCs) to stop the enforcement of the Department of Energy’s circular enforcing unbundling of various cost components of petroleum products retailed at the pumps.
Pilipinas Shell Petroleum Corporation prayed for the issuance of a restraining order before the Taguig regional trial court; while Petron Corporation lodged its petition before the Mandaluyong RTC.
The separate cases filed by the leading oil firms are generally in support of the TRO petition filing last week by the Petroleum Institute of the Philippines (PIP) before the Makati RTC, which comes with a prayer for an injunctive relief.
The case stemmed from the Circular issued by the DOE last month requiring the submission of detailed cost computations of fuels and liquefied petroleum gas (LPG) used for households. In the required itemized costs, the energy department also mandated the oil firms to disclose their profit margins.
In a statement, Shell averred that “while the DOE’s mandate is to monitor oil price movements, we believe that the Circular leads the industry back to the path of regulation.”
It further stipulated that such policy “restricts the timing of price adjustments and requires the submission of critical unaudited information that could be prejudicial to the industry players.”
Shell further stressed that “the Circular is unclear and administratively impossible to comply with.” Part of the DOE mandate is for them to submit quarterly reports on the required data and information under the Circular.
The Philippine subsidiary of the Anglo-Dutch multinational firm thus emphasized that it was constrained into seeking legal recourse so it could duly safeguard its assets and the prudency of its operations.
“To protect its assets, operations and stakeholders, PSPC is questioning the validity of DOE Department Circular No. DC2019-05-008 and will exercise all legal remedies to address this issue,” the oil firm stated.
Shell further opined that since the downstream oil industry already operates under a deregulated regime, “consumers have enjoyed the freedom to choose their preferred fuels in locations most convenient for them, and at prices that are acceptable to them, availing of discounts, promotions and other value-added services that their chosen service station offers.”
The DOE Circular is targeted for full enforcement and deemed to be effective starting this June 29, following compliance to mandatory publication requirements.