The squabble for the appointment of general manager of BENECO is far from over. It ain’t over, ‘til its over.
With two cases recently flied against the OIC-general manager and the members of Board of Directors, the whole situation can totally be reversed.
At issue in the case against the members of the board of directors was their having passed on May 19, 2021 Resolution No. 2020-87 entitled RESOLUTION REJECTING NEA BOARD OF ADMINISTRATORS’ (BOA) RESOLUTION NO. 2021-47 AND REITERATING THE PREVIOUS RESOLUTION OF THE BENECO BOARD OF DIRECTORS APPOINTING ENGR. MELCJHOR S. LICOBEN (OIC GENERAL MANAGER) AS THE GENERAL MANAGER OF THE BENGUET ELECTRIC COOPERATIVE.
The resolution was approved by a majority of the board with six of the directors voting for it while four were against.
The complaint was filed by Godofredo B. Cawaing as complainant with the members of BENECO’s board as respondents.
The complaint alleged that under NEA Memorandum No. 2017-035, it is provided that “after the NEA BOA transmits its recommendation to the BOD of the EC (electric cooperative) concerned, the BOD shall take action on the recommendation of the NEA BOA and reduce its action in a resolution. The resolution of the BOD shall be transmitted to the NEA BOA for evaluation.” But instead, the BOD submitted its previous Board Resolution appointing Engr. Melchor Licoben as the general manager.
The complainant added that such is in violation of the aforesaid NEA memorandum. What the BOD should have done was for it to confirm or reject BOA Resolution No. 2021-47 and not to appoint a general manager. Such appointment is still in process in accordance with NEA Memorandum 2017-035. “The BENECO BOD should wait for the evaluation and the next action of the NEA BOA. By reiterating their Resolution No. 2020-90, the BOD encroached upon the powers and prerogatives of the NEA BOA which, allegedly, is “a clear and willful violation of NEA rules if not a display of arrogance and disrespect to the very office which the BENECO BOD and all other electric cooperatives are bound to respect.” It would be like dictating to the NEA BOA what it should do, the complainant added.
In the same case, the BENCO directors are also being charged for violating PD 269 as amended by RA 10531 for allowing the intervention of local politicians in BENECO affairs.
Said PD 269, as amended, is to assure the independence of the directors and officers of electric cooperatives by insulating them political interference. By asserting that Engr. Melchor Licoben has the support of several local government units in Benguet and Baguio City, through resolutions signed by local officials, as well as consumers, the BENECO directors grossly violated the said PD and the amending republic act, according to the complainant.
As a consequence, it is prayed in the case that the BENECO directors be dealt with the full force of the law which can mean suspension or removal from office.
In another case filed with the NEA (ADM. CASE NO. 04-06-21), Atty. Ana Maria Paz B. Rafael as complainant alleged against Engr. Melchor S. Licoben as respondent, the following:
1) The NEA issued in 2017 Resolution No. 2017-035 which provides the process of the selection of the general manager of electric cooperatives;
2) A part of that resolution requires that any applicant to the position of general manager who is serving as OIC-GM shall relinquish his designation as such;
3) This requirement is to prevent an incumbent OIC-GM from unduly influencing the selection process; and
4) “Taking advantage of his position as OIC-General Mananger, Engr. Licoben tasked employees of BENECO who, during office hours had been distributing petitions to the member-consumers-owners (MCOs) for these MCOs to gather signatures in support of his application. “ Affidavits of witnesses for complainant are attached to the complaint.
The complainant prays that respondent be meted the proper penalty under the law. And this can mean suspension or dismissal from office.
In fairness, to the respondents in the two aforesaid cases, we will also publish any response they might file when these become available to this publication. In this regard, they should undertake the necessary initiatives.** APP
