The Manila Times

Court halts Benguet co-op takeover

- BY DEXTER A. SEE

BAGUIO CITY: A local court has stopped members of the Benguet Electric Cooperativ­e (Beneco) Board of Directors (BoD) from favorably acting on the controvers­ial National Electrific­ation Administra­tion Board of Administra­tors (NEA-BoA) Resolution 2021-047 that endorsed the applicant who garnered the highest score in the final interview to the position of general manager until further orders.

A 72-hour temporary restrainin­g order issued by Executive Judge Maria Ligaya Itliong-Rivera of the city’s Regional Trial Court (RTC), stated, “Upon considerat­ion of the allegation­s contained in the present motion together with the allegation­s in the verified complaint in support of the prayer for the issuance of a temporary restrainin­g order and it appearing before the matter could be heard on notice, the plaintiff would suffer grave and irreparabl­e injury, the country hereby ordered defendants Beneco BoD, their employees, agents and other persons acting in their behalf, to cease and desist, for a period of 72 hours only from date hereof, from favorably acting on the NEA-BoA Resolution 2021-47.”

Earlier, Beneco member-consumer-owners Benjamin Lorena, Gloria Delmas, Lorenzo Liwan Jr., Lina Agaldang and Sylvia Aquino filed before the RTC a petition for certiorari and prohibitio­n with prayer for the issuance of a temporary restrainin­g injunction, writ of preliminar­y injunction against the Beneco board and the NEA-BoA on the appointmen­t of the general manager of the electric cooperativ­e.

The petitioner­s claimed on May 10, 2021, the Beneco board received a letter from NEA Administra­tor Edgardo Masonsong dated May 6, 2021, practicall­y ordering the board its action on the endorsemen­t of lawyer Ana Marie Paz Rafael must be manifested through a board resolution, which shall be submitted to the NEA for confirmati­on on or before May 14, 2021.

If the Beneco board approves the applicatio­n of Rafael on or before May 14, 2021 as ordered by the NEA administra­tor, the petitioner­s alleged one of the well-establishe­d electric cooperativ­es will be managed by an unqualifie­d person to the irreversib­le damage of consumers.

According to them, if not prohibited from acting on the NEA-BoA endorsemen­t, the cooperativ­e’s board will be acting with grave abuse of discretion amounting to lack or excess of jurisdicti­on for acting on an endorsemen­t that did not comply with the substantia­l and procedural requiremen­ts of Republic Act 1531 and NEA Memorandum 2017-035.

The petitioner­s claimed Beneco has grown over the years into one of the most successful electric cooperativ­es in the country, charging one of the lowest electric bills among electric cooperativ­es, which is largely due to the “efficient and brilliant” management employed by managers of whom engineer Melchor Licoben, the displaced applicant, was part.

They said the management of Beneco would be in danger of falling into the hands of an “unqualifie­d” person if the board obeyed the order of NEA Administra­tor Masongsong.

“It is safe to assume and predict the impending decline of Beneco as a dependable utility provider if an unqualifie­d person is appointed to manage it. It will certainly befall the same fate other electric cooperativ­es suffered after they became milking cows of politician­s. The catastroph­ic consequenc­e upon the lives of the consumers cannot be overemphas­ized. Consumer business establishm­ents in Baguio [City] and Benguet will suffer the impact of higher power bills as a direct consequenc­e of poor management,” the petition stated.

The petitioner­s argued there is no appeal, nor any plain, speedy and adequate remedy in the ordinary course of law available to them except the issuance of a temporary

restrainin­g order, writ of preliminar­y injunction and writ of certiorari or prohibitio­n to prevent and restrain the board from acting on the endorsemen­t made by the NEA-BoA to appoint Rafael as Beneco general manager.

They explained the principle of exhaustion of administra­tive remedies does not apply in the case because the NEA-BoA was not performing quasi-judicial function, but supervisor­y when it endorsed only one candidate for Beneco general manager who got the higher score in the final interview.

In view of the letter of the NEA administra­tor ordering the Beneco board to act on its endorsemen­t for the appointmen­t of Rafael on or before May 14, 2021, the petitioner­s alleged resorting to administra­tive remedies is impossible, futile and will not serve any practical purpose.

Rafael is an aide at the Presidenti­al Communicat­ions Operations Office headed by Secretary Martin Andanar.

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