Wednesday, May 15, 2013

CDA-LISTED CO-OPS CAN LEARN FROM NEA'S (ELECTRIC) CO-OPS




I can only guess (rightly or wrongly) how the Cooperative Development Authority (CDA) must be in awe (or envious, choose your pick) of the awesome powers granted to the National Electrification Administration (NEA), over electric cooperatives, under the newly-enacted R.A. 10531, otherwise-known as the National Electrification Administration Reform Act of 2013.

CDA NEEDS
SIMILAR POWERS?
  

Wish that CDA would be given similar powers over cooperatives currently under its supervision, if and when  the charter amendments to R.A. 6939 (which created CDA) were considered at all and hopefully enacted during the incoming 16th Congress.

Well, I don't wish to court the ire of stakeholders of the local cooperative movement who valiantly, strongly opposed, but failed to block or influence the passage of R.A. 10531. 

ARE THERE GOOD
PROVISIONS?
  

What I am saying here is that there are good provisions of the said law, which CDA-registered cooperatives may borrow and adopt.

Take, for example the qualifications and disqualifications of the members of the Board of Directors of electric cooperatives, (as contained in the amended Sec. 26-A and 26-B of R.A. 10531):

PROHIBITIONS
 

Section 26-A says:

"...no person shall be elected or appointed as an officer or be eligible to run as a board member of an electric cooperative if:

a.   such person or his or her spouse holds any public office;
      (R.A. 9520 had similar disqualification for elected public officers)
 
b.   such person or his or her spouse has been a candidate in the past preceding local or national elections;
      (R.A. 9520 has none of this, I think)
 
c.    such person has been convicted by final judgment  of a crime involving moral turpitude;

d.    such person has been terminated for cause from public office or private employment; (I recommend that this be adopted by CDA-listed cooperatives.  Beware of wolves in sheep's clothing)
 
e.    such person is related to any member of the electric cooperative board of directors, general manager, and department managers within the fourth civil degree of consanguinity or affinity;
(This had been repealed by R.A. 9520, but is good to adopt)
 
f.    such person is a representative of a juridical person; and
g.   such person is employed by or financial interested in a competing enterprise or a business selling electric energy or electric hardware to the cooperative or doing business with the cooperative, including the use or rental of poles. 
(I propose that those "doing business with the cooperative", should be banned.  For example, a medical doctor earning monthly retainers from a cooperative, for services being rendered to cooperative members).
 

Section 26-B says:

"...the minimum qualifications of a director or officer of the electric cooperative shall be as follows:

a.    He or she is a Filipino citizen;
b.    He or she is a graduate of a four (4)-year course;
c.    He or she is between twenty-one (21) and seventy (70) years old on the date of election;
d.    He or she is of good moral character;
e.    He or she is a member of the electric cooperative in good standing for the last five (5) years immediately preceding the election or appointment;
f.    He or she is an actual resident and consumer in the district that he or she seeks to represent for at least two (2) years immediately preceding the election; and
g.    He or she has attended at least two (2) Annual General Membership Assemblies for the last five (5) years immediately preceding the election or appointment...".

Well, some would says, who wants more regulations?  True.  But there are intrinsic values to most of these qualifications and disqualifications, which some CDA-registered cooperatives may find applicable to their situations.  As they say, somebody's food may be someone else's poison.

So there.  Your comments are welcome.  (END).            

 

  

2 comments:

Selina Prince said...

Every law has good provisions otherwise it'll never get approved. But is it worth it? Metro Manila population may not feel change but people in the provinces will. Electricity is afterall less expensive in the provinces. The lawmakers who approved the act are just after the taxes obviously. More taxes = more money for them to keep. Laws that involve a chance of collecting more taxes get approved so easily while FOI bill is still pending. I bet they'll only approve it once they find a way around it.

Selina Prince said...

And it's not like this law can guarantee that NEA people will not be corrupt. It's so easy to be in power, favor some and deny a few. The latter will then just have to do things "under the table" just to have their own way. It's impeccable. Don't get me wrong I can see its intention is good but it has a lot of loopholes. I guess we'll just have to wait and see. And you know what I truly wish I'm wrong.

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