Baguio council: NEA Beneco supervisor persona non grata

By Jordan Habbiling

BAGUIO CITY -- The city council declared Monday persona non grata the project supervisor designated by the National Electrification Agency to manage the Benguet Electric Cooperative in a resolution approved Monday, Oct. 25 during their regular session.
    The NEA said Mayo was appointed to the position to resolve the ongoing leadership impasse between lawyer Marie Rafael and engineer Melchor Licoben and to “fix organizational management issues and concerns.”
    Mayor and Rafael have since been out of Beneco facilities after workers, member-consumers of the power cooperative and concerned Bagujio and Benguet folks took back Beneco facilities from NEA appointees three days after the NEA takeover.    
    Baguio and Benguet officials have denounced the NEA takeover of Beneco.
    Baguio Mayor Benjamin Magalong told Rafael to “back off” from Beneco.
    Licoben is at present running day to day operations of Beneco with workers.
    A preventive suspension order was issued by Mayo against Licoben and the seven members of Beneco Board of Directors for having defied NEA-BOA resolution 2021-71 which appointed Rafael as Beneco general manager.
    Mayo’s group, with the help of 24 armed personnel from the Regional Mobile Force Battalion (RMFB) and 44 from Baguio City Police Office took over the Beneco headquarters at South Drive around 2:30 a.m. Oct. 18.
    This earned the ire of electric cooperative’s employees, residents, officials in Baguio and Benguet towns and even worldwide basing from Facebook posts.
    On Oct. 20, Beneco employees and member-consumer-owners gained control of the operations, evicting the individuals installed by NEA from the Beneco compound.
    Councilor Michael Lawana made the motion for the approval of the said resolution with seven other council members voting for it, three against it, and one choosing to abstain.
    Lawana said Mayo failed to perform his duty as the NEA-sent problem solver.
    “He did nothing to improve the current situation. During his stay here, there hasn’t been any development as far as the issue on the management of Beneco is concerned. Perhaps NEA can send another person who has the capacity to resolve the conflict between the two parties,” Lawana said.
    Meanwhile, Councilor Arthur Allad-iw said Mayo’s actions were biased in favor of Rafael.
    Allad-iw questioned Mayo’s move to issue and enforce the said preventive suspension order.
    “Mayo knew there was a petition filed before the Court of Appeals. This has not yet been decided upon by the Court. So he could not issue a preventive suspension order,” he stated.
    He also pointed out the recommendation of the House resolution that a status quo on retaining Licoben as current Beneco officer-in-charge until all issues on selection of the general manager has been resolved.
    Aside from Lawana and Allad-iw, the other council members who voted for the passage of the resolution were councilors Betty Lourdes Tabanda, Mylen Yaranon, Elaine Sembrano, Leah Farinas, Levy Lloyd Orcales, and Isabelo Cosalan Jr.
Councilors Fred Bagbagen, Benny Bomogao, and Joel Alangsab objected to the resolution, arguing that Mayo should not take the brunt as he was “authorized by the government agency he works for” and he was “only performing his duties.”
    Asked to explain his abstention, Councilor Cayabas said, “While I disagree with the appointment of attorney Mayo as project supervisor for the reason that he is unfit for the position, I do not support the idea of declaring him as persona non grata.”
    Majority of council members also voted in favor of a resolution urging the PNP to strictly adhere to Rule 28 of the PNP Handbook which states that the police can only enforce final decisions or orders of the court and quasi-judicial and administrative bodies.
    Allad-iw said no final orders on the matter should have been given on the matter.
    Through NEA Board Resolution 2021-106, the PNP was deputized to help enforce the preventive suspension order against Licoben and the seven Beneco board members. 
    BCPO Chief Glenn Lonogan and Mayo argued that it was a legitimate operation which was carried out to fulfill the order of the NEA board of administrators.
    According to Lonogan, the PNP legal officer said the operation was deemed legal as there was no temporary restraining order (TRO) issued by the court.
    The BCPO chief denied the claim that the operation was done by force, saying personnel had been instructed to refrain from forcing their way into the premises. He insisted that the armed personnel did not enter the building.
    Tabanda, however, said videos taken during the incident showed otherwise.
    She added Rafael, in her letter to Usec Emmanuel Juaneza dated Oct. 2, 2021, requested the deputization of the PNP whose power may include “bodily dragging the respondents or bringing them out from the headquarters should they refuse to comply with the order.”
    Lonogan and Mayo denied having knowledge about the said communication letter.
    Lonogan said the execution of the order was done before sunrise to avoid any possible untoward confrontation with the supporters of Licoben.
    “You were used to implement an order in the early morning when everybody was asleep. That’s why people were enraged,” Tabanda said.
    The two resolutions were transmitted to the office of Mayor Benjamin Magalong for signing.
    The Provincial Board of Benguet also passed a resolution Monday condemning the Oct. 18 raid-like takeover.
    But they postponed the deliberation on the declaration of Rafael as persona non grata in the province to let her and Mayo explain their side.
    The board also decided to consult the 13 municipalities before deciding on the matter.