Presidential Communications Operations Office (PCOO) Assistant Secretary Anna Marie B. Rafael (File photo)
MANILA – The decision of the National Electrification Administration (NEA) board of administrators (BOA) to recommend a government official as a candidate for general manager (GM) of the Benguet Electric Cooperative (Beneco) is "above board", according to a legal opinion rendered by the Office of the Government Corporate Counsel (OGCC).
During a House hearing on NEA-BOA's alleged overreach on the appointment of electric cooperatives’ general managers, NEA-BOA Alternate Chair Emmanuel Juaneza said its Resolution 2021-047 that endorsed Presidential Communications Operations Office (PCOO) Assistant Secretary and lawyer Anna Marie B. Rafael instead of Melchor Licoben, Beneco's acting manager, is grounded on legal basis.
Juaneza, who read OGCC's legal opinion before the House Committee on Energy, said NEA is authorized and empowered to supervise the management of all electric cooperatives, noting that they are subject to the police power of the State as they are holders of legislative franchises and their business is imbued with public interest.
He also cited Republic Act 10351, which contains a new section called "Fit and Proper Rule", stipulating that NEA shall prescribe, pass upon, and review the qualifications of individuals elected and appointed to electric cooperatives and disqualify those unfit to ensure that the management and operations of electric cooperatives are carried out with due regard to its economic viability.
"The same section further provides that a candidate's integrity, experience, education, competence, and probity shall be considered in determining whether he or she shall be fit and proper to become a director or officer of the electric cooperative," Juaneza said.
Juaneza further noted that under NEA Memorandum 2017-035, an officer-in-charge (OIC) GM, who applies for the position for GM, shall relinquish his OIC designation as mandatory.
"In flouting this mandatory requirement... Engineer Licoben has exposed his lack of integrity and probity which has impacted his fitness as general manager of the Beneco," he said.
He said the reliance of Beneco's board of directors upon the said memorandum concedes that the NEA-BOA exercises supervisory powers over the actions of the board when it chose to recommend Rafael, who was "supposedly compliant with our requisites provided under Paragraph B of NEA Memorandum 2017-035".
Juaneza said when Licoben underwent the regular process of hiring as prescribed by NEA rules and regulations, he "freely submitted himself" to its outcome whether favorable or unfavorable.
"When he (Licoben) failed to approximate the average score of his competitor by a mile after he presented himself under the rigorous examination of the selection committee composed of NEA members, pursuant to Memorandum 2018-004, there should be no occasion for him to complain when he was found wanting when compared to the standards set for the position vis-a-vis his lawyer competitor (Rafael)," Juaneza said.
The NEA board decided to select Rafael as she was the candidate with the higher score during the final interview.
Licoben scored 82.75 percent while Rafael drew a 94-percent mark, according to NEA Board Resolution No. 2021-47. (PNA)
