National Electrification Administration administrator Edita Bueno has ordered the dismissal of the case for “Gross Misconduct, Conduct Prejudicial to the Best Interest of the Cooperative, Non-Compliance with the NEA Issuances, Removal and Disqualification” against six current and former Central Negros Electric Cooperative officials, CENECO general manager Sulpicio Lagarde Jr. said yesterday.
The case docketed as NEA Administrative Case No. 05-07-11 was filed by complainants Jobert Tagobader and Rosendo Locsin III against CENECO officials Michael Maravilla, Roberto Montelibano, Luis Cuenca, Edward Gasambelo, Lagarde Jr., and Jacinto Torres Jr., Lagarde said in a press release.
The case was dismissed for lack of cause of action and/or for failure to exhaust administrative remedies, he said.
The complaint is an offshoot of the disqualification of former CENECO District VI (Bago City) director Raul Alvarez from running for another term during the Coop district elections scheduled last September 25, 2010, he added.
CENECO’s Screening Committee disqualified Alvarez for failing to secure a clearance from the Coop’s Finance Department due to some accountability, the press release said.
The accountability is for payment for back wages and other monetary claims awarded to Lagarde arising from a labor case filed by the latter against Alvarez, et. al., it added.
The disqualification of Alvarez left Jacinto Torres as the lone candidate for director of Bago City.
In contesting the decision of the Screening Committee, Alvarez went to court last October 8, 2010. The Regional Trial Court granted Alvarez a Temporary Restraining Order with a writ for Preliminary Injunction, the press release said.
The district election scheduled September 25, 2010 was held in abeyance, but, on June 21, 2011, the same court ruled that the preliminary injunction is deemed dissolved, recalled or cancelled and ordered the stalled elections to proceed at the earliest time after proper notice, it added.
Since Torres was unopposed, he emerged victorious, Lagarde said.
On July 27, 2011, Jobert Tagobader and Rosendo Locsin III, through counsel, submitted a complaint to NEA assailing the conduct of the election and citing CENECO officials for “Gross Misconduct, Conduct Prejudicial to the Best Interest of the Cooperative, Non-Compliance with the NEA Issuances, Removal and Disqualification”, the press release said.
The NEA Administration Committee was tasked to investigate the case. Based on the findings, report and recommendation of the NEA AdCom dated February 2012, Bueno ordered the dismissal of the case, the press release added.*