A LOCAL court recently recalled and set aside the Writ of Preliminary Injunction it earlier issued for the disqualification of several candidates in the election of board of directors of the Benguet Electric Cooperative.
In a resolution issued April 21 at the Regional Trial Court Branch 64 issued in Abatan, Buguias, Benguet, Judge Agapito Laoagan Jr. dismissed the petition of Beneco board candidates lawyer Richard Kilaan, Jeffred Acop, Josephine Tuling, Bruno Canuto and Eduard Antonio without prejudice to their filing of an appropriate action in the proper forum.
Beneco initially lost its battle over its disqualification of five bets for Board of Director after the court initially ordered the power utility to qualify the five petitioners.
However, in this new decision the court favored Beneco who pled for denial of the preliminary mandatory injunction and argued in their defense that the case of petitioners “is filed in the wrong venue; the action Declaratory Relief is improper; the action failed to implead indispensable parties; petitioners failed to exhaust administrative remedies.”
As intervenor, the National Electrification Administration also expressed in their comment the court has no power to issue injunctive relief and the petitioners’ recourse for a special civil action is not the appropriate remedy stressing they are also not entitled to a Temporary Restraining Order and/or writ of preliminary injunction.
The Beneco screening committee led by lawyer Delmar Carino banned Kilaan to run because he accordingly has not attended at least two general membership meetings since 2008 while six others including the five petitioners have accordingly incurred unsettled obligations.
On whether or not the petitioners are entitled to the issuance of the TRO and/or writ of preliminary injunction the court stated, “Upon hearing the arguments of parties and perusal of authorities presented, rules in the negative. It agrees and concurs to the position of the Movants, BENECO and NEA.”
The court, however, stated it has jurisdiction over the petition and the case was filed in the proper venue. But the court agreed NEA has jurisdiction over the disqualification case.
“Evidently, the National Electrification Administration is vested with primary and exclusive jurisdiction to determine and in adjudication of complaints against electric cooperative officers, election disputes and all matters relating to the effective implementation of the provision of Republic Act No. 10531; Thus, the judicial body to resolve questioning the screening committee’s alleged erroneous application of the Act, is with the NEA, and not with the regular courts,” the resolution added.
The court added the disqualified candidates for board of directors are not without recourse after receiving the decision of their disqualification from the screening committee as upon receiving the decision from the committee they could have filed a protest to the committee or appealed to NEA.
The court further stated the petitioners should have filed for the appropriate ordinary civil action and not a declaratory relief.
With the recent decision, the deferred election of board of directors of Beneco in Benguet will now be scheduled on Tuesday in the regular board meeting.
Beneco Lawyer Cariño is proposing an election sometime in July for the election not to come too close to the election of Beneco board of directors in Baguio which is already scheduled in October. This as he said the long deferred election of BODs in Benguet should come earlier than Baguio’s.
The Beneco has since been operating with only three members of the Board of Directors since the deferment of elections in Benguet. But the NEA in a comment stated the electric cooperative could still continue with board meetings with only three BOD members until the court decides on pending cases filed by disqualified candidates.