Beneco GM tiff now in court; legal battle on
>> Monday, September 13, 2021
House Reps to NEA: Follow selection process
BAGUIO CITY -- The two
contenders for the position of Benguet Electric Cooperative (Beneco) general
manager continued to hold their ground as the duly chosen GM even as the
employees themselves continued to fight for the legitimacy of their GM who rose
from the ranks.
Melchor Licoben, chosen by the Beneco board of directors to be the GM, continues to manage the daily operations of the electric cooperative while Ana Maria Paz Rafael, named by the National Electrification Administration (NEA) as GM, holed herself up at the Beneco Gen. Pedro Dumol Hall in a bid to assume as GM.
The controversy took its expected turn to the courts as the supporters of Licoben filed civil cases seeking to annul Rafael’s appointment as GM by the NEA Board of Administrators (BOA).
Rafael decided to give a dose of her own when she filed an administrative case against the majority of the board of directors who rejected her NEA appointment and prayed for their preventive suspension while her complaint for insubordination is being heard.
This developed as the Committee on Energy of the House of Representatives on Sept. 7 voted to direct the NEA BOA to strictly follow the selection process for the GM of Beneco as defined under NEA Memorandum No. 2017-035.
The committee report, however, drew a rebuke from Harry Roque Jr., the presidential spokesperson who used a national press briefing on Sept. 7 to announce that Rafael is the new GM of Beneco.
“The Office of the President recognizes you as the GM of Beneco,” Roque said, adding that the Committee on Energy of the House of Representatives cannot direct the NEA BOA to change its recommendation as to who should be the GM of the electric cooperative.
Licoben earlier filed a petition for certiorari and prohibition before the Court of Appeals to assail the NEA BOA’s flagrant violation of the provisions of NEA Memorandum No. 2017-035, the rules NEA issued to govern GM selection.
In the petition, Licoben, through lawyer Lauro Gacayan, asked that NEA BOA Resolution Nos. 2021- 47 and 2021-71, the resolutions that named Rafael as the GM, be declared as null and void.
Meanwhile, Beneco’s department managers and several member consumers filed on Sept. 9 a criminal complaint at the Ombudsman versus the NEA Administrators who signed the two NEA BOA resolutions that named Rafael as the GM.
Rafael is a former Assistant Secretary of the Presidential Communications Operations Office (PCOO).
Named in the case are DOE Undersecretary Emmanuel Juaneza, Cirilo Badelles, Agustin Maddatu and Rene Gonzales.
On Sept. 9, the lawyers of both camps argued before branch 60 of the regional trial court of Baguio City as to whether the court has jurisdiction to hear a complaint for interpleader filed by Beneco’s department managers.
The department managers asked judge Rufus Malecdan Jr. to direct Licoben and Rafael to come to court and prove their claims as the duly appointed GM of Beneco.
Malecdan refused to rule on the complainants’ prayer for a status quo ante not unless the issue of jurisdiction is first resolved.
Lawyers George Dumawing and Zosimo Abratique, who represented the complainants, said the RTC has jurisdiction since the complainants have no interest in the tussle between Licoben and Rafael, adding that the subject matter of the case is incapable of pecuniary estimation.
Rafael’s lawyers, headed by Rocky Balisong, contended that the case falls under the jurisdiction of the Court of Appeals as per Republic Act 10531, the revised charter of the NEA.
The court gave the parties up to 7 p.m. that day to submit their position papers. The court has yet to issue a ruling as of press time.
Rafael’s administrative complaint before the NEA asked that board president Esteban Somngi, directors Peter Busaing, Robert Valentin, Jeffered Acop, Mika Maspil, Fr. Jonathan Obar and Josephine Tuling, GM Melchor Licoben and Delmar Carino, Beneco’s corporate legal counsel, be preventively suspended and dismissed for refusing to obey the NEA BOA’s order that Rafael will be the GM.
Melchor Licoben, chosen by the Beneco board of directors to be the GM, continues to manage the daily operations of the electric cooperative while Ana Maria Paz Rafael, named by the National Electrification Administration (NEA) as GM, holed herself up at the Beneco Gen. Pedro Dumol Hall in a bid to assume as GM.
The controversy took its expected turn to the courts as the supporters of Licoben filed civil cases seeking to annul Rafael’s appointment as GM by the NEA Board of Administrators (BOA).
Rafael decided to give a dose of her own when she filed an administrative case against the majority of the board of directors who rejected her NEA appointment and prayed for their preventive suspension while her complaint for insubordination is being heard.
This developed as the Committee on Energy of the House of Representatives on Sept. 7 voted to direct the NEA BOA to strictly follow the selection process for the GM of Beneco as defined under NEA Memorandum No. 2017-035.
The committee report, however, drew a rebuke from Harry Roque Jr., the presidential spokesperson who used a national press briefing on Sept. 7 to announce that Rafael is the new GM of Beneco.
“The Office of the President recognizes you as the GM of Beneco,” Roque said, adding that the Committee on Energy of the House of Representatives cannot direct the NEA BOA to change its recommendation as to who should be the GM of the electric cooperative.
Licoben earlier filed a petition for certiorari and prohibition before the Court of Appeals to assail the NEA BOA’s flagrant violation of the provisions of NEA Memorandum No. 2017-035, the rules NEA issued to govern GM selection.
In the petition, Licoben, through lawyer Lauro Gacayan, asked that NEA BOA Resolution Nos. 2021- 47 and 2021-71, the resolutions that named Rafael as the GM, be declared as null and void.
Meanwhile, Beneco’s department managers and several member consumers filed on Sept. 9 a criminal complaint at the Ombudsman versus the NEA Administrators who signed the two NEA BOA resolutions that named Rafael as the GM.
Rafael is a former Assistant Secretary of the Presidential Communications Operations Office (PCOO).
Named in the case are DOE Undersecretary Emmanuel Juaneza, Cirilo Badelles, Agustin Maddatu and Rene Gonzales.
On Sept. 9, the lawyers of both camps argued before branch 60 of the regional trial court of Baguio City as to whether the court has jurisdiction to hear a complaint for interpleader filed by Beneco’s department managers.
The department managers asked judge Rufus Malecdan Jr. to direct Licoben and Rafael to come to court and prove their claims as the duly appointed GM of Beneco.
Malecdan refused to rule on the complainants’ prayer for a status quo ante not unless the issue of jurisdiction is first resolved.
Lawyers George Dumawing and Zosimo Abratique, who represented the complainants, said the RTC has jurisdiction since the complainants have no interest in the tussle between Licoben and Rafael, adding that the subject matter of the case is incapable of pecuniary estimation.
Rafael’s lawyers, headed by Rocky Balisong, contended that the case falls under the jurisdiction of the Court of Appeals as per Republic Act 10531, the revised charter of the NEA.
The court gave the parties up to 7 p.m. that day to submit their position papers. The court has yet to issue a ruling as of press time.
Rafael’s administrative complaint before the NEA asked that board president Esteban Somngi, directors Peter Busaing, Robert Valentin, Jeffered Acop, Mika Maspil, Fr. Jonathan Obar and Josephine Tuling, GM Melchor Licoben and Delmar Carino, Beneco’s corporate legal counsel, be preventively suspended and dismissed for refusing to obey the NEA BOA’s order that Rafael will be the GM.
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