QuestionsQuestions (NEA MEMORANDUM NO. 2005-012)
The guidelines govern elections of the Board of Directors of all electric cooperatives organized under PD No. 269, as amended.
Regular elections are scheduled by Board resolution passed 90 to 120 days before the annual meeting; a copy must be submitted to NEA within 2 weeks after the Board meeting.
Election must be held 30 to 60 days before the annual meeting for districts whose terms expire; the 30-day period is reckoned from the date of the last elections scheduled for the year.
A special election is called by Board resolution to fill vacancies due to death, incapacity, resignation, disqualification, or similar causes if the unexpired term is 2 years or more. The elected director serves only the unexpired portion of the term.
The Board, by majority vote, appoints through a resolution the successor from among the nominees submitted by the District Electrification Committee or Member-Consumers Electrification Committee of the district, subject to confirmation of the NEA.
Elections may be postponed if for serious cause (e.g., violence, terrorism, loss/destroyed paraphernalia/records, force majeure) a free, honest and orderly election becomes impossible. Postponement cannot exceed 20 days; the Board, with NEA affirmation, resets the holding of the election within that period.
NEA, in its supervisory and control capacity over electric cooperatives, may call and conduct the election for and in behalf of the cooperative.
If the total number of voters who registered in the voters’ register fails to meet the quorum requirement in the cooperative By-Laws, it is deemed a failure of election and another election must be held; however, requirements may be waived in case of a lone candidate.
Among others: Filipino citizen; bonafide member and qualified voter in the district at least 90 days before election; at least 21 years old on election day; resident of the district for at least 1 year; consumer in the district for at least 60 days before filing deadline; member of good standing; not employed by or financially interested in a competing enterprise selling electric energy/electrical hardware to the cooperative or doing business with it (including use/rental of poles); spouse not disqualified; not disqualified by holding elective office/government appointment above barangay captain level; no conviction for crimes involving moral turpitude; not terminated for cause; and compliance with rules on government employee permits and disqualification by consanguinity/affinity within the 4th civil degree.
Representatives of juridical persons are not eligible to be candidates for Board Member.
The member must file a sworn Certificate of Candidacy. It must be filed at the cooperative office not later than 10 days before the election through the Member Services or Institutional Services Department Manager.
Only members with membership approved not later than 90 days before the first district election scheduled for the year are included. The masterlist must be prepared at least 25 days before election and verified/validated/certified; copies are posted for inclusion/exclusion verification 10 to 20 days before the elections, with a final masterlist posted at least 5 days before elections.
If excluded inadvertently but the member fails to avail of the inclusion/exclusion period, the member is no longer allowed to vote; failure is considered waiver of the right to vote.
The District Election Committee (DECOM) has jurisdiction over post-election protests. Irregularities on conduct of the election must be filed within 3 days after proclamation of results.
The DECOM decision may be appealed to the Committee on Electoral Protest headed by the Deputy Administrator for Electric Distribution Utilities Services (EDUS), with specified members. The appellant must pay NEA a filing fee of P100,000 to cover administrative cost and expenses.