Court halts Benguet co-op takeover
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.