EXCERPTS from the MINUTES of MEETING of the BENECO BOARD of DIRECTORS

>> Sunday, October 10, 2021

BENGUET ELECTRIC COOPERATIVE, INC.
Office of the Board of Directors
No. 4 South Drive, Baguio City
 
EXCERPTS from the MINUTES of MEETING
of the
BENECO BOARD of DIRECTORS
05 OCTOBER 2021
COL. SANCHEZ HALL, BENECO HEADQUARTERS
SOUTH DRIVE, BAGUIO CITY
 
PRESENT:            ESTEBAN A. SOMNGI, President                  
JEFFRED S. ACOP, Vice President
JOSEPHINE B. TULING, Secretary
MIKE W. MASPIL, Treasurer                           
JONATHAN C. OBAR, Member                     
PETER B. BUSAING, Member
ROBERT L. VALENTIN, Member                                                                            
MELCHOR S. LICOBEN, General Manager [Ex-Officio Member]
                                                                                                                               
NOT PRESENT:    NONE
 

 

AGMA RESOLUTION No. 2021-12

 

 
 
RESOLUTION ADOPTING AND CONFIRMING THE REJECTION BY THE GENERAL ASSEMBLY OF BENECO OF THE PROJECT SUPERVISOR ASSIGNED BY THE NATIONAL ELECTRIFICATION ADMINISTRATION (NEA) BOARD OF ADMINISTRATORS (BOA) IN BENECO
 
WHEREAS, on October 2, 2021, the Benguet Electric Cooperative (BENECO) held its 40th Annual General Membership Assembly (AGMA). The Gen. Pedro Dumol Hall of the BENECO headquarters at South Drive, Baguio City was the main host for the AGMA where Member Consumer Owners (MCOs) attended through physical presence while the rest of the MCOs in Baguio and Benguet attended and participated via virtual means;
WHEREAS, during the assembly, the matter on the Project Supervisor that the NEA assigned to BENECO was discussed;
 
WHEREAS, Ms. Mia Magdalena Longid, a member-consumer-owner (MCO) from District 7-La Trinidad moved for the rejection of the Project Supervisor assigned by the National Electrification Administration – Board of Administrators (NEA-BOA). The motion was duly seconded;
 
WHEREAS, the Member Consumer Owners (MCOs) in physical attendance as well as those who joined online, overwhelmingly approved the adoption of the matter as discussed;
 
WHEREAS, this Board of Directors was present and witnessed to the discussion of the concerns and the subsequent approval thereof by the assembly;
 
WHEREAS, during the 40th AGMA, the General assembly approved the motion of MCO Van Dicang pertaining to the following (contained in AGMA Res. No. 2021-01)
 
1.     AFFIRMING THE AUTHORITY OF THE BOARD PRESIDENT (DIR. ESTEBAN A. SOMNGI) TO PRESIDE OVER THE 40TH ANNUAL GENERAL MEMBERSHIP ASSEMBLY (AGMA)OF THE BENGUET ELECTRIC COOPERATIVE (BENECO);
 
2.     AFFIRMING LIKEWISE THE AUTHORITY OF THE OTHER SIX (6) MEMBERS OF THE BENECO BOARD (REFERRING TO DIR. JEFFRED S. ACOP, DIR. PETER B. BUSAING, DIR. MIKE W. MASPIL, DIR. JONATHAN C. OBAR, DIR. JOSEPHINE B. TULING AND DIR. ROBERT L. VALENTIN) TO CONTINUE FUNCTIONING AS SUCH; AND
 
3.     RATIFYING ALL THE ACTS AND DECISIONS OF THE BOARD OF DIRECTORS INCLUDING THE APPOINTMENT OF THE ENGR. MELCHOR LICOBEN AS GENERAL MANAGER OF BENECO
 
WHEREAS, during the 40th AGMA, the General assembly approved the motion of MCO Joyce Buyagao pertaining to the rejection by the Member Consumer Owners (MCOs) of the PSO issued by the National Electrification Administration – Board of Administrators (NEA-BOA) against the majority seven (7) Board of Directors, namely, E. A. Somngi, P. B. Busaing, M. W. Maspil, J. B. Tuling, J. S. Acop, R. L. Valentin and J. C. Obar and GM M. S. Licoben (contained in AGMA Res. No. 2021-11);
 
WHEREAS , the member-consumer-owners and the employees of BENECO strongly believe that the appointment of a Project Supervisor in unavailing due to the following reasons:
 
(1)BENECO IS NOT AN AILING COOPERATIVE.
 (2)BENECO IS NOT IN CHAOS, DISARRAY OR STATE OF LAWLESSNESS THAT WOULD WARRANT THE INTERVENTION OF THE STATE.
 (3)BENECO IS RUNNING ITS DAILY OPERATIONS SMOOTHLY WITHOUT DISRUPTION AND INTERVENTION INCLUDING ADDRESSING ON TIME THE COMPLAINTS AND CONCERNS OF MCOS RELATED TO THEIR ELECTRIC SERVICE.
  (4)BENECO IS NEITHER IN THE BRINK OF COLLAPSE NOR BANKRUPTCY.
 
WHEREAS, Section 7 of RA 10531 entitled AN ACT STRENGTHENING THE NATIONAL ELECTRIFICATION ADMINISTRATION, FURTHER AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 269, AS AMENDED, OTHERWISE KNOWN AS THE "NATIONAL ELECTRlFICATION ADMINISTRATION DECREE" states that the NEA shall, in the exercise of its step-in rights under this Act, strictly observe due process of law. The step-in rights may only be exercised by the NEA in case of failure of the electric cooperative to meet operational and financial standards set by the NEA;
 
WHEREAS, as a result of BENECO’s rejection of the NEA Board of Administrators’ appointment of Atty. Ana Maria Paz B. Rafael as the “General Manager” of BENECO, Atty. Rafael filed an administrative case for insubordination against the seven (7) members of the Board and the General Manager, Engr. Melchor S. Licoben with a prayer for preventive suspension which unfortunately was granted by the NEA BOA despite the answer of the respondents questioning the pre-maturity of the filing of the administrative case. Worse, the NEA BOA appointed a Project Supervisor that further worsened the situation;
 
NOW, THEREFORE, on motion duly seconded, BE IT
 
RESOLVED, as it is hereby resolved that this Board of Directors hereby confirm and adopt the rejection by the Member Consumer Owners (MCOs) of the Project Supervisor assigned by the National Electrification Administration – Board of Administrators (NEA-BOA) in BENECO;
 
UNANIMOUSLY APPROVED.
 
 
CERTIFIED TRUE and CORRECT:                                  ATTESTED:
 
JOSEPHINE B. TULING                                                 ESTEBAN A. SOMNGI
Board Secretary                                                                   Board President
 
 
 
BENGUET ELECTRIC COOPERATIVE, INC.
Office of the Board of Directors
No. 4 South Drive, Baguio City
 
EXCERPTS from the MINUTES of MEETING
of the BENECO BOARD of DIRECTORS
COL. SANCHEZ HALL, BENECO HEADQUARTERS
SOUTH DRIVE, BAGUIO CITY
 
SECRETARY'S CERTIFICATE
 
I, JOSEPHINE B. TULING of legal age, Filipino, being the duly elected and qualified Board Secretary of BENGUET ELECTRIC COOPERATIVE, INC. (BENECO), a corporation duly organized and existing under the laws of the Philippines, with office address at South Drive, Baguio City, under oath, do hereby certify that at the Regular Board Meeting of the Board of Directors of the Cooperative held on October 5, 2021 the following resolution was unanimously adopted:
 
RESOLUTION ADOPTING AND CONFIRMING THE REJECTION BY THE GENERAL ASSEMBLY OF BENECO OF THE PROJECT SUPERVISOR ASSIGNED BY THE NATIONAL ELECTRIFICATION ADMINISTRATION (NEA) BOARD OF ADMINISTRATORS (BOA) IN BENECO
 
 
IN WITNESS WHEREOF, I have hereunto affixed my signature this __th day of October 2021 in the Municipality of La Trinidad, Benguet, Philippines.
 
 
 
JOSEPHINE B. TULING
                                                                                          Board Secretary
 
Subscribed and Sworn to before me this ______ day of October 2021 in the Municipality of La Trinidad, Benguet. Affiant exhibited to me her LTO Driver's License No. A01-94-048967.
 
 
Doc. No.;                                                                                              
Page No.   ;                                                                                                          
Book No. ;                                                                                                            
Series of 2021.    
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

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