Court sets 72-hour TRO against top Beneco execs

Mayor: Dirty tricks; urges action vs NEA appointees

By Alfred Dizon and Aileen P. Refuerzo

BAGUIO CITY – The special general membership assembly of the Benguet Electric Cooperative here was suspended after the Regional Trial Court here issued a 72-hour temporary restraining order against Beneco executives.
        “The board of directors will respect the 72-hour TRO and the special meeting will be cancelled and deferred to a later date,” said Beneco Board president lawyer Esteban A. Somngi” in a public Facebook post.
        The TRO was issued in Civil Case No. 9499 which was filed on Feb. 10, 2022 by Luke Gomeyac, Rocky Aliping, Enrique     Moresto and James Aclopen versus general manager engineer Melchor Licoben, directors Jeffred Acop, Mike Maspil, Peter Busaing, Jonathan Obar, Josephine Tuling, Obar and officers lawyer Delmar Carino and Brenda Carling for injunction.
        Gomeyac, Aliping, Moresto and James Aclopen were earlier dismissed by the general membership of Beneco for what they called acts the four directors did against the cooperative like trying to take over its management.  
        “The complainants prayed for a TRO and the court granted the 72-hour TRO by way of an order dated Feb. 11, 2022. We will answer the complaint in due time,” Somngi said,
        “We beg the indulgence of those who have pre-registered and those who have expressed their intent to join the assembly virtually. The TRO may have temporarily stopped our assembly but we will continue our struggle,” the Beneco president said.

This, as Mayor Benjamin Magalong sought the help of civic organizations to continue rallying behind Beneco to protect the interest and the welfare of consumers amid what he called “dirty tactics” being employed by the group of lawyer Marie Rafael.

Rafael was appointed by the National Electrification Administration as Beneco general manager late last year but this was opposed by board members, employees and member-consumer-owners of the power cooperative.

They said the appointment of Rafael, former Assistant Secretary of the Presidential Commission Operations Office, was illegal since only Beneco MCOs through their board of directors can appoint a GM.

Licoben was earlier appointed GM by the board of directors and was still performing his duties at the Beneco South Drive main headquarters.

Rafael and her minions have since holed up in what they called their office at Barangay Dontogan and have no control of actual Beneco operations.  

“Right now, it has become a war of attrition.  Sinasakal ang present management hanggang hindi na maging maayos ang kanilang serbisyo at masira sila sa tao.  What is saddening is they are doing this at the expense of the consumers,” the mayor told a media briefing.

“Kaya dapat mag-mobilize pa rin ang mga consumer groups na hindi dapat payagan itong ganitong gawain.   We have to act now and mobilize and deplore this kind of tactic.  Dirty tactics ito,” the mayor said.

He said the move of the group of Rafael that had banks refrain from releasing funds to the present management will definitely affect the cooperative’s cash flow resulting to the power firm’s failure to pay their suppliers and service providers and eventually cause disruption of power supply to the detriment of the consumers.

Magalong said pressure groups should also support the call for solutions to avert a potential crisis caused by the continuing impasse.

“Let’s rally behind this dahil unang una, napakaganda ng serbisyo ng Beneco.  Gold standard ‘yan tapos bigla-bigla lang nilang guguluhin.  Let’s make sure na maiayos ang gulo at mamanage ang risk para tuloy-tuloy ang serbisyo at hindi maapektuhan ang mga tao.

He said he had already suggested risk management measures and is awaiting response hoping that the NEA will take the lead.

“NEA should find a way to resolve this.  At least on our part, nasabi ko na as a way of caution to them.  ‘You know, something might happen and you have to act,’” he said.

He said such strategic and proactive measures are in order considering the potential impact of the current developments arising from the leadership dispute to consumers not only in Baguio but also in Benguet.

In his statement released earlier, the mayor suggested that parties and depository banks involved enter into a financial risk arrangement through escrow agreements where banks can directly remit payments to power suppliers and third-party providers.

“This will ensure that Beneco’s monthly obligations are settled on time and thereby averting the risk of disconnection of power supply or interruption of services,” the mayor said.