PENELCO amidst challenging times by avgabriel PENELCO amidst challenging times, fearlessly confronted the very controversial issue with the Cooperative Development Authority (CDA).

As our Cooperative facilitates the district election for PENELCO Board of Directors, a complaint was filed by some of the incumbent BOD, headed by Directors Generosa De la Fuente, Geraldo Calimbas, Rafael Pizarro, Modesto Salandanan and Danilo Santos, docketed under Civil Case No. 9138 for ANNULMENT and INJUNCTION with Prayers for PRELIMINARY INJUNCTION and TEMPORARY RESTRAINING ORDER.

Recently, PENELCO GM Manager Loreto Marcelino, some Board of Directors, the Screening Committee and the District Election Committee received a Notice of Hearing on the case filed against them by the abovementioned Board of Directors. The case was filed and heard at the Regional Trial Court of Bataan under Judge Remegio M. Escalada, Jr.

The preliminary injunction was filed against the defendants with the same import of directing and refraining them, their agents, employees assigns and all persons acting under their instructions from pushing through, continuing and proceeding with the district election of the remaining 10 districts. Likewise, stated in the complaint was the
annulment of the Resolution No.

579, Series of 2008, for annulling the district elections conducted in Mariveles and Balanga.

Atty. Antonio Ortiguerra, a veteran lawyer, represented GM Marcelino during the hearing held at the RTC, Branch 3, Balanga City, Bataan. Atty Ortiguerra has made a strong argument that the CDA has no right over PENELCO, considering the illegal registration of PENELCO to CDA, aside from the fact that the coop has not paid yet its registration to the said office.

Moreover, Atty. Ortiguerra pointed out then that as per Department of Justice, Office of the Government – Corporate Counsel has cited a legal opinion regarding the CDA registration of electric cooperatives, for which, under the control and supervision of NEA, thus, the CDA cannot register the electric cooperatives (ECs) under PD 269, as amended, but onlythe newly organized ECs or service cooperatives involved such as electricity distribution as set forth in Section 3 and 9 of RA 6939 and Article 97 of RA 6938 (Opinion No. 220, Series 2008 dated September 2008).

Also in attendance was Atty. May Marcos, representing the National Electric Administration (NEA). Continuation hearing is scheduled on February 02, 2009.

Indeed this is one of the challenging events that PENELCO would surely surpass, with the undying help and continuous support of the Board of Directors, Management & staff, employees and our member-consumers. As saying
goes, “the truth shall set us free.”