(INQUIRER FILE PHOTO)
MANILA, Philippines — Reelectionist Senator Sherwin Gatchalian on Friday asked concerned agencies to recall the National Electrification Administration’s (NEA) most recent memoranda on the appointment of electric cooperative general managers, saying these violated the law.
The chairman of the Senate committee on energy particularly directed his call to the NEA and the Department of Energy.
He said that by issuing the recent memoranda, tghe NEA went beyond its supervisory powers therefore violated Presidential Decree No. 269.
NEA, an attached agency of the DOE, has Secretary Alfonso Cusi as Chairman of the Board.
“By vesting the NEA the power to appoint a general manager of an electric cooperative, NEA Memorandum No. 2021-55 and Memorandum No. 2021-56 violate Presidential Decree (PD) 269 or the National Electrification Administration Decree,” Gatchalian said in a statement.
Sen. Sherwin Gatchalian (Senate PRIB file photo)
“Maliwanag na iligal ang bagong polisiya ng NEA at maaari silang kasuhan ng grave abuse of discretion. Ano ang basehan nila para iatang sa kanilang mga sarili ang kapangyarihan na magtalaga ng general managers sa mga kooperatiba? Wala itong basehan sa batas,” he added.
(It is clear that the new policy of the NEA is illegal and they can be charged with grave abuse of discretion. What was their basis in giving themselves the authority to appoint general managers of electric cooperatives?)
Gatchalian said Memorandum No. 2021-55 changed the rules on the selection, hiring, termination of service/suspension of general managers of electric cooperatives contained in NEA Memorandum No. 2017-035.
The revised policy, he said, transferred the power to appoint general managers to the NEA board of administrators which was previously reserved to the board of directors of electric cooperatives.
Memorandum No. 2021-56, meanwhile, is the revised policy guidelines on the conduct of examination and interview for applicants. Both memoranda were issued last December 1.
Gatchalian said that Section 4 (e) of Presidential Decree 269, as amended by Republic Act (RA) 10531, provides that NEA has merely the power to supervise the management and operations of all electric cooperatives, therefore, NEA is not allowed under the law to replace the judgment of electric cooperatives with their own discretion in appointing general managers.
He added that Section 26 of PD 269 provides that an electric cooperative enjoys the power to determine in its by-laws the manner of elections and filling of vacancies of its officers.
A new Section 26-B was introduced by RA 10531 which limited NEA’s role to merely review the qualifications and disqualifications of individuals appointed or elected to electric cooperatives, he said.
Gatchalian called out NEA last year over its alleged anomalous appointment of a new general manager for Benguet Electric Cooperative, saying that NEA did not follow its own memorandum on succession mechanism and selection process. #