Nordeco Flags ‘Sub Judice’ Breach as Power Transition Raises Stakes for Consumers in Davao Norte

TAGUM CITY (February 6) — The Northern Davao Electric Cooperative (Nordeco) has formally warned Davao del Norte Governor Edwin I. Jubahib against making public statements on the ongoing power distribution dispute, arguing that such remarks risk undermining judicial processes—and, ultimately, consumer trust in a highly sensitive transition affecting thousands of households.

The warning came after Jubahib publicly urged Nordeco to cooperate with the planned takeover of distribution operations by Davao Light and Power Company, emphasizing the need for a “peaceful” transition and the protection of cooperative assets he described as belonging to member-consumers and government stakeholders.

“Dapat na walay masayang nga asset sa electric cooperative,” the governor said during an ambush interview earlier this week.

Legal Lines and Political Pressure

In a statement issued February 3, 2026, Nordeco pushed back, cautioning that the governor’s remarks fall under the sub judice rule, which restricts public commentary on matters currently under court litigation.

The cooperative stressed that the dispute is far from settled, noting that:

• it has challenged the constitutionality of Republic Act No. 12144—the law expanding Davao Light’s franchise into Nordeco’s service areas—before the Supreme Court; and
• it is actively opposing expropriation proceedings filed by Davao Light involving Nordeco’s assets at a Regional Trial Court.

Nordeco warned that public pressure from elected officials could compromise due process and heighten uncertainty in areas already anxious about service continuity.

“Public pronouncements on matters under litigation could jeopardize due process and potentially disrupt power services,” the cooperative said.

Consumers Caught in the Middle

At the heart of the dispute are member-consumer-owners, whose equity contributions and decades-old cooperative assets are now the subject of legal contention.

Nordeco argued that safeguarding these assets is precisely why the matter must be resolved by the courts—not accelerated by political signaling or public assurances that may later prove premature.

The cooperative also pointed out that government funds—national, provincial, and local—form part of its capital base, making the dispute not just a corporate issue but one involving public interest and fiduciary responsibility.

Transition vs. Trust

Davao Light, for its part, has sought to reassure consumers following the issuance of a Writ of Possession by the RTC last January, insisting that the transition will not lead to power interruptions or exclusions.

“Apil tanan, walay mabiyaan,” the company said.

It also pushed back against what it described as misleading claims about its impending operations in Samal Island, Davao del Norte, and Davao de Oro, citing its electrification record in Davao City and neighboring LGUs.

Yet analysts note that legal certainty—not just operational readiness—will determine public confidence in the transition. For consumers, assurances of “world-class service” ring hollow if ownership, asset valuation, and authority remain contested in court.

Governance Test for Local Leaders

While Governor Jubahib framed his intervention as asset protection, Nordeco’s response highlights a deeper governance dilemma: how far elected officials can go in influencing outcomes that are already under judicial review.

In a region where power reliability directly affects livelihoods, schools, and hospitals, even well-intentioned statements can inflame tensions if perceived as prejudging court decisions.

As the cases move forward, the dispute is shaping up as more than a corporate transition—it is a test of respect for institutional boundaries, consumer equity, and whether energy reform can proceed without eroding public trust.

For now, the courts—not political sound bites—remain the final arbiter of who controls the switch.