NEA, DOE officials face complaint over alleged illegal co-op interventions

National Electrification Administration (NEA) Administrator Antonio Almeda and Department of Energy (DOE) Secretary Sharon Garin, among other officials, faced complaints filed at the Office of the Ombudsman.

The complaint was filed by Pete Ilagan, President of the National Association of Electricity Consumers for Reforms, Inc. (NASECORE), and recommends that the officials be charged with Gross Neglect of Duty, Simple Neglect of Duty, Grave Abuse of Authority, Conduct Prejudicial to the Best Interest of the Service, and violations of RA 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees.

Other respondents include DOE and NEA officials Mario Marasigan, Antonio Almeda, Jovel Ubay-Ubay, Nollie Alamillo, and Edgardo Piamonte.

According to the document, the complaint stems from alleged multiple illegal interventions by NEA in the operations of electric cooperatives—Leyte II Electric Cooperative Inc. (LEYECO II), Samar II Electric Cooperative (SAMELCO II), and Northern Samar Electric Cooperative Inc. (NORSAMELCO)—through the designation of Engr. Fernan Paul Tan, who was given different roles in each cooperative.

The complaint states that Engr. Tan was designated as full-time General Manager for LEYECO II and Acting General Manager of SAMELCO II, without legal basis, proper documentation, or the required NEA Board confirmations.

Furthermore, the engineer was designated as chairman of Taskforce NORSAMELCO. The complainant alleged that he exercised the functions of a Board of Directors without justification, which could be considered illegal as it overrides the authority of the EC president and Board of Directors.

The complainant stated that the respondents’ appointment of Engr. Tan to multiple positions in the said ECs and their actions “collectively demonstrate malfeasance, misfeasance, and nonfeasance.”

“It would take superhuman abilities to perform the roles of General Manager of LEYECO II (Leyte Electric Cooperative), Acting General Manager of SAMELCO II (Samar Electric Cooperative), and head of Taskforce NORSAMELCO (Northern Samar Electric Cooperative),” the complaint stated.

“Note that the first two roles are full-time positions, while the third requires remedial interventions in emergency situations. With too many roles on his plate, Engr. Tan would not be expected to perform his duties efficiently and effectively. In the end, all three ECs will suffer,” the complaint added.

According to the complaint, NEA’s authority under Presidential Decree 269, as amended by Republic Act 10531, is supervisory and does not include control over EC personnel, the power to assign or deploy EC employees, the authority to appoint acting GMs for private cooperatives, or the right to require ECs to finance NEA-designated personnel.

Furthermore, the document cited Section 5 of RA 10531, which amends Section 4 of PD 269 and enumerates the powers, functions, and privileges of NEA, specifically noting subsection (e), which states that the agency may only “supervise the management and operations of all electric cooperatives.”

Aside from the charges, Ilagan recommended to the Office of the Ombudsman that the officials be placed under preventive suspension and that administrative penalties, including dismissal from service, forfeiture of benefits, and perpetual disqualification from public office, be imposed.