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Republic of the Philippines ENERGY REGULATORY COMMISSION San Miguel Avenue, Pasig City

IN THE MATTER OF THE APPLICATION FOR AUTHORITY TO INCLUDE IN CUSTOMERS BILL A TAX RECOVERY ADJUSTMENT CLAUSE (TRAC) FOR FRANCHISE TAXES PAID IN THE PROVINCE OF LAGUNA AND BUSINESS TAXES PAID IN THE MUNICIPALITIES OF PANGIL, LUMBAN, PAGSANJAN AND PAKIL, ALL IN THE PROVINCE OF LAGUNA ERC CASE NO. 201__ ___ CF FIRST LAGUNA INC. (FLECO), ELECTRIC COOPERATIVE,

Applicant. x----------------------- --------------x

APPLICATION
COMES NOW, applicant First Laguna Electric Cooperative, Inc. (FLECO, for brevity), by and through the undersigned counsel, and unto this Honorable Commission most respectfully states: 1. That applicant is an electric cooperative duly organized under and by virtue of the laws of the Philippines,

and existing

with the principal office at Barangay Lewin, Lumban, Laguna, where it may be served with summons and other legal processes, represented in this instance by its Board President, GABRIEL C. ADEFUIN, of legal age, Filipino, address also at FLECO main office; 2. That herein applicant is the exclusive franchise holder issued by the National Electrification Administration (NEA) to operate an electric light and power services in the municipalities of the and with office

Province of Laguna, namely:

Pagsanjan, Cavinti, Lumban,

Kalayaan, Paete, Pakil, Pangil, Siniloan, Famy and Sta. Maria; 3. That the Office of the Provincial Treasurer of Laguna assessed FLECO of its arrears on its basic franchise tax liabilities for the following years: YEAR YEAR 2007 P 85,813,974.07 P 429,069.87 2008 84,663,541.25 423,317.70 2009 95,977,795.73 479,888.95 2010 154,707,214.16 773,536.07 2011 77,978,171.04 389,890.86 Total P2,495,703.45 Add: Governors Permit Fee 100.00 PTO Certification Fee 50.00 Grand Total P2,495,853.45 ========= 2. 2008 2009 2010 2011 2012 TAXABLE GROSS RECEIPT TAXABLE FRANCHISE TAX

That FLECO paid the basic franchise tax to the Province of Laguna in the total amount of P2,495,853.44, as follows: CV NO. AND DATE OR NO. AND DATE

PAYMENT 128702 7/25/12 624,075.86 128867 8/28/12 623,925.86 129027 9/25/12 623,925.86 129178 -10/25/12 623,925.86 Total 2,495,853.44 ========== 3. That FLECO proposes to recover the franchise tax paid in six (6) months recovery period using a projected KWH sales of 36,371,005 KWHRS, to wit: SUMMARY OF THE PROJECTED KWH SALES FOR ELEVEN (11) MUNICIPALITIES OF LAGUNA AREA PROJECTED KWH SALES LA 0148339 7/30/12 LA 037141 - 8/31/12 LA0394999 - 9/28/12 LA0532725 10/30/12 P P

Cavinti Pagsanjan Lumban Kalayaan Paete Pakil Pangil Siniloan Famy Mabitac Sta. Maria Total Divide by Six Months Projected KWH Sales

4,057,269 15,483,761 9,822,585 4,151,986 7,970,152 4,494,293 4,980,924 10,609,928 2,543,747 4,185,502 4,439,850 72,742,010 2 = 36,371,005

4. That the proposed Tax Recovery Adjustment Charge (TRAC) is P0.0686/kwhr computed as follows: Total Paid/Unpaid Franchise Tax P2,495,583.44 Projected Semi-annual KWH Sales for kWhr 11 Municipalities in Laguna, within the franchise area of the applicant TRAC

36,371,005

= P0.0686/kWhr

5. That the Office of the Municipal Treasurer of Pangil, Laguna assessed FLECO of its arrears on its basic business tax liabilities for the following years: PARTICULARS BUSINESS TAX TAXABLE YEAR 2011 2012 2012 2012 2012

Municipal Taxes & Fees P 1,650.00 Mayors Permit 775.00 Gross Sales Tax -1st Qtr. 6,345.00 2012 Gross Sales Tax-2nd Qtr. 6,345.00 3r Gross Sales Tax-2 Qtr. 6,345.00 Gross Sales Tax-4th Qtr. 6,345.00 Total P27,805.00 ========

6.

That FLECO paid the basic business tax to the Municipality of Pangil, Laguna in the total amount of P27,805.00 as follows:

CV/JV NO. AND DATE PAYMENT


11-02-093 2/28/12 1,650.00 12-01-056 1/18/12 775.00 - 1/27/12 12852 129094 6,345.00 - 6/28/12 - 10/9/12

OR NO. AND DATE

9083400,9083392 & 9001102 014789, 0148811 & others 0489065 0174736 0411554

6,345.00 6,345.00 6,345.00

Unpaid - 4th Qrt.,12 Total

P 27,805.00

========= 7. That FLECO proposes to recover the business tax paid in six (6) months recovery period using a projected KWH sales of 2,490,462 kWhr, to wit: PROJECTED KWH SALES FOR PANGIL MUNICIPALITY OF LAGUNA AREA Pangil Total Divide by Six Months Projected KWH Sales PROJECTED KWH SALES 4,980,924 4,980,924 2 = 2,490,462

8. That the proposed Tax Recovery Adjustment Charge (TRAC) is P0.0112/kWhr computed as follows: Total Paid/Unpaid business Tax Projected Semi-annual KWH Sales for Pangil Municipality in Laguna, within the franchise area of the applicant TRAC P27,805.00 2,490,462

= P0.0112/KWH

9. That the Office of the Municipal Treasurer of Lumban, Laguna assessed FLECO its arrears on its basic business tax liabilities for the following years: TAXABLE

PARTICULARS

BUSINESS TAX

YEAR

Mayors Permit and Regulatory Fees and Charges Gross Sales Tax Total

2,600.00 2012 53,247.00 2012

P55,847.00 ========

10. That FLECO paid the basic business tax to the Municipality of Lumban, Laguna in the total amount of P55,847.00 as follows: CV/JV NO. AND DATE 127826 2,600.00 127822 53,247.00 Total P55,847.00 ========= 11. That FLECO proposes to recover the business tax paid in six (6) months recovery period using a projected KWH sales of 4,911,292 kWhr, to wit: PROJECTED KWH SALES FOR LUMBAN MUNICIPALITY OF LAGUNA AREA Lumban Total Divide by Six Months Projected KWH Sales PROJECTED KWH SALES 9,822,585 9,822,585 2 = 2/24/12 0685469 4/16/12 OR NO. AND DATE 0685469 4/16/12 PAYMENT P

2/27/12

4,911,292 12. That the proposed Tax Recovery Adjustment Charge (TRAC) is P0.0114/kwhr computed as follows: Total Paid/Unpaid business Tax Projected Semi-annual KWH Sales for Lumban Municipality in Laguna, within the franchise area of the applicant TRAC P55,847.00 4,911,292

= P0.0114/KWH

13. That

in

2006,

the

Municipality

of

Pagsanjan,

Laguna

implemented Tax Ordinance No. 01-2006, supplementing the Municipal Revenue Code of the Municipality of Pagsanjan, duly approved by the Sangguniang Bayan dated March 27, 2006, a certified copy of which is hereto attached and duly marked as Annex A; 14. That on June 13, 2006, FLECO sought the approval to recover from the consumers of Pagsanjan, Laguna the municipal taxes being imposed by the said municipality, through a letter addressed to the Chairman of the Energy Regulatory

Commission (ERC), a copy of which is hereto attached and duly marked as Annex B; 15. That when the ERC failed to reply to the said letter within reasonable period of time, FLECO implemented the recovery thereof from the consumers of Pagsanjan, Laguna and accordingly remitted the same to the Municipality of

Pagsanjan, Laguna. Summary of recovery and payment of the business tax for Pagsanjan is hereto attached and duly marked as Annex C; 16. That herein applicant is requesting the Honorable Commission to confirm the aforesaid recovery and payment of the municipal business tax and to continue the same practice; 17. That, likewise, the Municipality of Pakil, Laguna implemented Municipal Ordinance No. 05-S-2006, duly approved by the Sangguniang Bayan dated September, 2006, a certified copy of which is hereto attached and duly marked as Annex D; 18. That on February 19, 2007, FLECO sought the approval to recover from the consumers of Pakil, Laguna the municipal

business tax being imposed by the said municipality, through a letter addressed to the Chairman of the Energy Regulatory Commission (ERC), a copy of which is hereto attached and duly marked as Annex E; 19. That when the ERC failed to reply to the said letter within a reasonable period of time, FLECO implemented the recovery thereof from the consumers of Pakil, Laguna and, accordingly, remitted the same to the Municipality of Pakil, Laguna. Summary of recovery and payment of the business tax for the Municipality of Pakil is hereto attached and duly marked as Annex F; 20. That herein applicant is requesting the Honorable Commission to confirm the aforementioned payment of the Municipal business tax and to continue the same practice; and 21. That this application is being filed pursuant to Formula 5b, Section 6, Article 2 of the ERC Resolution No. 16, Series of 2009.

PRAYER
WHEREFORE, premises considered, applicant First Laguna Electric Cooperative, Inc. (FLECO) respectfully prays of this Honorable Commission that, after due notice and hearing and consideration, this application be approved and authorizing FLECO to include in its bills to customers in the Province of Laguna a Tax Recovery Adjustment Clause (TRAC) of P0.071459/kwhr until such time that the franchise tax paid in the amount of P2,495,583.44 has been fully recovered; to include also in its bills to the consumers in the Municipality of Lumban, Laguna a TRAC of Php 0.0114/kwhr until such time that the business tax paid in the amount of Php 55,847.00 has been fully recovered; to

likewise include in its bills to the consumers in the Municipality of Pangil, Laguna a TRAC of Php 0.0112 until such time that the business tax paid in the amount of Php 27,805.00 has been fully recovered; to also pass on to its customers all current Franchise Taxes in the Province of Laguna and Business Taxes in the Municipalities of Pangil and Lumban, both in the Province of Laguna, based on the approved Tax Recovery Adjustment Clause (TRAC) formula; and confirming the recovery and payment of municipal taxes in the Municipalities of Pagsanjan and Pakil, both in the Province of Laguna, and to continue the said practice of recovery and payment. Other relief, just or equitable, is likewise prayed for. Cainta, Rizal for Pasig City, December 18, 2012.

ARNIDO O. INUMERABLE Counsel for Applicant FLECO 405 Elisa St., U.E. Village, Cainta, Rizal PTR No. 6187417, 1-24-12, Q.C. IBP No. 626886, 1-20-12, Q.C. Roll of Attorneys No. 2876 MCLE Comp. III No. 0015335, 5-510

EXPLANATION This Application was filed by registered mail due to lack of personnel and time constraints.

ARNIDO O. INUMERABLE

Republic of the Philippines) ______________________) S.S VERIFICATION/TION/CERTIFICATION I, GABRIEL C. ADEFUIN, of legal age, Filipino, with office address at Barangayn Lewin, Lumban, Laguna, Philippines, after having been sworn to in accordance with law, here by depose and state:
1. That I am the Board President of First Laguna electric

Cooperative, Inc. (FLECO), duly authorized to file this application for Authority to Include in its Customers Bill A Tax Recovery Adjustment Clause (TRAC) For Franchise Taxes Paid in the Province of Laguna and Business Taxes paid in the Municipalities of Pangil, Lumban, Pagsanjan and Pakil, all in the Province of Laguna before the Energy Regulatory Commission; 2. That I have read and know the contents of the said application as true and correct to the best of my knowledge; 3. That I hereby certify that I have not therefore commenced any other action or proceeding involving the same in the Supreme court of Appeals or any other tribunal or agency; 4. That to the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals or any other tribunal or agency; 5. That if there is such action or proceeding which is either pending or may have been terminated, I must state the status there of;

6. That should I thereafter learn that a similar action or proceeding has been filed or pending before the Supreme court, the Court of appeals or any other tribunal or agency, I will undertake to report that fact within five (5) days therefore to the Court or agency wherein the original pleading has been filed. IN WITNESS WHEREOF, I have here unto set my hand this __th day of December, 2012 at Lumban, Laguna, Philippines. GABRIEL C. ADEFUIN Affiant SUBCRIBED AND SWORN to before me this ___ day of December 2012 in _____________, Laguna, Philippines, affiant exhibited to me his ___________Identification Card No._____________.
Doc. No.______; Page No.______; Book No.______; Series of 20____.