Atty. Ana Marie Paz Rafael cries foul over NEA allegations
The National Electrification Administration (NEA) through its Board of Administrators (NEA BOA) issued a Decision ordering the removal of BENECO’s Board of Directors based on findings of long-standing irregularities in the management of BENECO.
The NEA BOA held that BENECO’s Directors, namely, Esteban A. Somngi, Rocky M. Aliping, Enrique S. Moresto, Jonathan C. Obar, Robert L. Valentin, Josephine B. Tuling, Luke B. Gomeyac, Peter B. Busaing, Jeffred S. Acop, Mike W. Maspil, and James B. Aclopen, unduly received benefits and allowances, availed of and mismanaged substantial loans to the detriment of BENECO, as well as amended the terms of payment for several of its service providers without the required approval of NEA, among others. NEA likewise held that BENECO’s removed directors are disqualified for reinstatement or reemployment in any electric cooperative, to run as candidate for a Board of Director position in any cooperative, with their other monetary benefits forfeited, and ordered them to refund to BENECO the disallowed amounts they received. In the same Decision, the NEA BOA suspended BENECO Assistant General Manager Engr. Melchor Licoben for forty-five (45) days, finding him administratively liable for simple negligence as a first offense.
In its absence, the NEA BOA approved the creation of Task Force BENECO to act as the Board of Directors in the interim. Task Force BENECO is composed of representatives from various sectors such as the Business, Academe/Education, Consumer/Professional, Agricultural and Religious sectors.
The NEA BOA also recalled the probationary employment of Atty. Ana Maria Paz B. Rafael as the General Manager of BENECO effective immediately. Since Atty. Rafael’s assumption as General Manager, BENECO’s rating as an electric cooperative has regressed to category C from AAA category in the 2019 NEA EC Overall Performance Assessment. In the meantime, the Department of Energy directed NEA Administrator Antonio Mariano C. Almeda to act as BENECO’s Project Supervisor for a period of six (6) months, which was ratified by the NEA BOA. Administrator Almeda will supervise the management and operation of the electric coop to ensure the delivery of electric service to the member-consumer-owners. The NEA BOA likewise designated Mr. Ramel B. Rifani, BENECO’s Network Systems Manager, to act as BENECO’s Acting General Manager also for a period of six (6) months. Administrator Almeda intends to prioritize the election of BENECO’s regular Board of Directors, as well as the appointment of BENECO’s regular General Manager within his six (6) months of serving as BENECO’s Project Supervisor.
The foregoing was the press release of NEA. After sometime we received a press release from the camp of Atty. Ana Marie Paz Rafael which is hereinafter reproduced in toto.
“Today, I received the Order from the NEA Administrator dated January 10, 2023 recalling and revoking my appointment as General Manager, removing all the BENECO’s Board of Directors, suspending Mr. Licoben, and appointing in my stead Engr. Ramil Rifani as Acting GM.
“I am surprised, bothered and bewildered by the unexpected and sudden turn of events where the announced basis for the Revocation of my appointment appears to be contrived.
“Lest forgotten, NEA itself failed to act on its own Orders and Memoranda and to turn-over the premises of BENECO to me hence, the Performance Management Contract cannot be implemented properly and the Key Performance Standards met.
“The restrained authority and capacity exercised coupled with the volatile situation in BENECO, efforts to accomplish the workplan was doomed to fail. But inspite of these, with the limited resources (1%), personnel and equipment, the concerns of aggrieved Member Consumers whose lines were summarily cut by the group of engr. Licoben were attended to and Beneco was able to convert to the Cooperative Development Authority (CDA) as approved in the Annual Regular General Assembly Meeting (ARGAM).
“The regression of BENECO to Category B was prompted by the varied unliquidated funds and corruption issues besetting BENECO. These issues came about AFTER the assumption of the Officer In Charge of the position of General Manager without any appointment, as I have not been able to take full charge of BENECO facilities, equipment and funds.
“The allegations in the letter I received are skewed and whimsical. These are totally baseless. In fact, there appears to be serious violations of NEA Rules in this nonchalant issuance since the NEA previously approved a Resolution Extending the PMC.
“While we respect NEA as the premier institution on electric cooperatives, we will explore legal remedies to address this issue. As a matter of right, NEA had failed to implement its own order of appointment creating confusion and disarray in the management of BENECO.
“While my training and discipline as a lawyer dictates that the rules must prevail, we will continue to pursue solutions which will inure to the best interests of our consumers-members, which was what I have been working on from day 1.” **