Amendments to the 2014 Guidelines in the Conduct of District Elections for Electric Cooperatives

December 5, 2017

NEA CONDUCT OF DISTRICT ELECTIONS

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

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: SDAaTC

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.

13.3. Appeal/Petition.

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

xxx xxx xxx.

13.3.7. ProvisionalRelief. 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. FilingFee. 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.

FilingFee. — 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. RepealingClause. — 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 Register at the University of the Philippines Law Center.

Issued in Quezon City on 05 December 2017.

(SGD.) ALFONSO G. CUSIChairman

ATTY. FELIX WILLIAM B. FUENTEBELLAAlternate of the Chairman

(SGD.) AGUSTIN L. MADDATUMember

(SGD.) ALIPIO CIRILO V. BADELLESMember

(SGD.) RENE M. GONZALESMember

(SGD.) EDGARDO R. MASONGSONGMember