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(NAR) VOL. 29 NO. 1/ JANUARY - MARCH 1

[ , January 19, 2018 ]

AMENDMENTS TO THE 2014 GUIDELINES IN THE CONDUCT OF DISTRICT ELECTIONS FOR ELECTRIC COOPERATIVES



Adopted: 05 December 2017
Date Filed: 19 January 2018


WHEREAS,  the  2014  Guidelines  in  the  Conduct  of  District  Elections  for Electric Cooperatives had been framed pursuant to Republic Act No. 10531 and its Implementing Rules and Regulations, as well as other related DOE and NEA issuances;

WHEREAS,  there is a need to make the appeal in election cases either on pre-election or post-election  issues, easily accessible to the member-consumer- owners;

WHEREAS,  in empowering  the member-consumer-owners the provision  of the  filing  fee  of  the  2014  Guidelines  in  the  Conduct  of  District  Elections  for Electric  Cooperatives   needs  to  be  amended  and  lowered  for  the  member- consumer-owners to afford such fees;

WHEREAS,  the  NEA  Board  of  Administrators,  in  its  Resolution  No.  149 dated 05 December  2017, passed and approved  the amendments  of the 2014
Guidelines on the Conduct of District Elections for Electric Cooperatives;

NOW, THEREFORE,
pursuant to its authority under the R.A. No. 10531, the following  amendment  is hereby  issued,  adopted  and promulgated  in the 2014 Guidelines on the Conduct of District Elections for Electric Cooperatives.

Section 1. Amendments to the 2014 Guidelines in the Conduct of District Elections   for  Electric  Cooperatives.   The  following   provisions   are  hereby amended as follows:
a.     Items 13.3.1, 13.3.7 and 13.3.8 of Section 13, Article II are hereby amended to read –

ARTICLE II
ELIGIBILITY TO RUN AND CERTIFICATE OF CANDIDACY

Section 13. Screening Procedures. - x x x x x.

13.3   Appeal/Petition.

13.3.1   Where Appealable. The decision of the Screening Committee shall be appealable  to the NEA Deputy Administrator  for EC Management and Services (ECMS).

Xxx.

13.3.7   Provisional Relief. The Deputy Administrator for ECMS, or in his absence, the Deputy Administrator for Legal Services, may, upon motion or motu proprio, in purely meritorious cases as may be gleaned from  the  Petition  and  its annexes,  issue  such  provisional  reliefs  as may be prayed for so as not to render the appeal moot and academic.

13.3.8   Decision   of  the  Deputy   Administrator   for  ECMS.  The decision  of the Deputy Administrator  for ECMS as duly endorsed  by the Deputy Administrator  for Legal Services, shall be considered final and executory unless reversed and/ or modified by the Administrator.

13.3.9   Filing Fee. The Appellant  shall pay to the EC a filing fee of Five Thousand Pesos (PhP5,000.00)  simultaneously  with the filing of

the Verified Petition, which amount shall be transmitted  by the EC to the NEA.

b.    Section 53 of Article XII is hereby amended to read –

ARTICLE XII
ELECTION PROTEST


Section 53. Jurisdiction. - x x x x x.

Filing Fee. - Protestants of election cases shall pay in cash to the NEA a filing  fee  of  PhP25,000.00   but  not  more  than  PhP50,000.00   to  defray expenses which shall be incurred for the resolution of the protest. These expenses include, among others, DECOM/PECOM/Screening Committee Members honoraria, attorney’s fee, office supplies, postage and mailing and other incidental expenses during hearing and investigations.
Section 2. Repealing Clause. - All other office Memoranda, Memorandum Circulars, Rules or Regulations inconsistent with these amendments  are hereby repealed or modified accordingly.

Section  3. Effectivity.  - These amendments  shall take effect fifteen (15) days from date of publication in official gazette or a newspaper of general circulation, and after submission of three (3) certified copies to the office of the National Administrative Registry at the University of the Philippines Law Center.

Issued in Quezon City on 05 December 2017.

ALFONSO G. CUSI
Chairman

ATTY. FELIX WILLIAM B. FUENTEBELLA
Alternate of the Chairman

(SGD) AGUSTIN L. MADDATU
Member
(SGD) ALIPIO CIRILO V. BADELLES
Member


(SGD) RENE M. GONZALES
Member
(SGD) EDGARDO R. MASONGSONG
Member
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