Debate Speech

Honorable judges, worth opponents, ladies and gentlemen,

good morning. As the third speaker of the affirmative side, we strongly agree
to the said proposition. In revoking the franchise of NGCP, its performance
and reliability in maintaining and improving the national power grid have been
a matter of concern. On the line on today’s debate is Article 12 Section 11 of
the 1987 constitution which provides neither shall any such franchise or right
be granted except under the condition that it shall be subject to amendment,
alteration, or repeal by the congress when the common good requires. It was
clearly stated that the franchise can be reform in Republic Act No. 9511
Section. 2.
Then why should the franchise of NGCP be revoked? The
NGCP has already violated the constitution for allowing the Chinese to hold
high positions. It’s very clear in the constitution that all executive and
managing officers of such corporation or association must be citizens of the
Philippines, yet a Chinese national holds the second highest position, which
is chief technical officer. I'm a Filipino and proud to be one, you should be
too. Are we just going to keep blind or deaf to this situation? According to the
trust worthy data the net income of NGCP in 2019 are ₱20.3 Billion while the
dividends were ₱ 15 Billion. In fact, 95% of the income of NGCP is put into
dividends, with only 5% going for expansion and development. Hence, the
dividends are much bigger than the income.
On October 2022, the energy regulatory commission (ERC)
slapped a P5.1 million fine on NGCP for violating the Department of Energy
(DOE) circular on contracting ancillary services or reserves through
competitive bidding. It also directed NGCP to submit within 30 days from
receipt of its order the terms of reference (TOR) and Invitation to bid (ITB) to
the DOE and “comply with the rest of its obligations under the said policy.” If
NGCP fails to comply with the directive within the period, the ERC said it
would be compelled to impose additional penalties. The ERC may also
impose a maximum penalty of P50 million for each violation of the circular, as
provided under the Electric Power Industry Reform Act. This proves that the
NGCP has a lot of violations and lapses.
It would be feasible when the franchise is revoked and the
government take over the national power grid. By revoking the franchise it
can provide an opportunity to reevaluate the company’s effectiveness in the
meeting the energy demands of the country. Initially, revoking the franchise of
NGCP can serve as a measure to enforce greater accountability and
transparency in the operations of the national power grid. By reassessing the
role and structure of the organization, the government can ensure that the
grid’s management is more responsive to public interest. In line with that, it
could allow for a shift towards public ownership and control of the power grid.
This would give the government a more direct role in overseeing the
infrastructure and ensure that the energy needs of the citizen are adequately
met. Moreover, this can lead to the development of more robust regulations
and enhanced oversight mechanisms. Strengthened regulation would help
prevent potential abuses of power and ensure that the interest of consumers
and the public are adequately protected.
Therefore, it is practicable to revoked the franchise. When
we speak of revoking the franchise the constitution cannot be any clearer if
the state may only do so with a corporation, or a domestic corporation at that
at least 60% of which is owned by Filipino citizens clearly not a foreign-owned
corporation or worse not a foreign state as that of china. Thank you for your
time and indulgence. I have proven my point and I rest my case. I’m now
ready for the interpellation.
Questions for the opponent!
 Miss speaker are you a Filipino Citizen?
 Are you aware of the 1987 constitutions?
 Did you read it?
 Do you agree with me that the NGCP should be revoked for violating the
constitution?
 If NO, proceed to the next question annieca!!
 Since you answered NO miss speaker! Do you mean to imply that it is
acceptable to disregard the written constitution?
 Are you saying that we’ll just not take into consideration on those who
violate the constitution?
 Are there any legal restrictions or limitations that could hinder or
complicate the process of revocation the franchise?
 Does the franchise agreement outline any protections or remedies for the
national grid corporations in case of revocation?
 Can the National Grid Corporation of the Philippines address the concerns
or issues raised without the need for revoking its franchise?
 What evidence or examples can you provide to demonstrate the positive
impact and contributions of the national grid corporation of the
Philippines?

Possible Questions!

1. Can you provide evidence of specific violations committed by the NGCP

during the period of 2014-2019, in relation to the violation of RA 9511?
2. What were the consequences of the alleged violations of RA 9511 by the
NGCP during the mentioned period?
3. How do you respond to the claims that the NGCP appointed Chinese
nationals to key positions, potentially compromising national security?
4. Can you provide examples of instances where the Chinese personnel
appointed by the NGCP posed a threat to national security?
5. Were there any investigations conducted to assess the potential risks
associated with having Chinese individuals in charge of the NGCP?
6. What measures, if any, did the NGCP take to address concerns about the
appointment of Chinese personnel?
7. Can you explain how the appointment of Chinese individuals affected the
overall operations and decision-making processes within the NGCP?
8. Were there any conflicts of interest arising from the involvement of Chinese
individuals in the NGCP's operations?
9. How did the NGCP handle the issue of dividends during the mentioned
period, and were there any irregularities or violations in this regard?
10. Can you provide examples of instances where the NGCP violated
regulations or laws related to dividend distribution?
11. What were the consequences of the alleged violations of dividend-related
regulations by the NGCP?
12. How did the violation of dividend-related regulations impact the interests
of stakeholders, including consumers and investors?
13. Were there any legal actions or investigations initiated against the NGCP
for its violations during the mentioned period?
14. Can you explain the evaluation process that supports your claim that the
NGCP is good, despite the alleged violations?
15. What specific criteria or indicators were considered in the evaluation
process that led to the conclusion that the NGCP is good?
16. How does the evaluation process account for the violations of RA 9511
and the concerns regarding the appointment of Chinese personnel?
17. Were there any independent evaluations or audits conducted to assess
the performance and compliance of the NGCP during the mentioned period?
18. How do you address the concerns raised by critics about the NGCP's
governance and accountability in light of the alleged violations?
19. Can you provide any evidence or studies that support the argument that
the NGCP's violations did not have a significant negative impact?
20. What measures or reforms, if any, do you believe should be implemented
to address the issues raised regarding the NGCP's violations during the
mentioned period?