Title
Electric Cooperative District Election Guidelines
Law
Nea
Decision Date
May 8, 2014
The Philippine Jurisprudence case provides guidelines and regulations for conducting district elections for the Board of Directors of Electric Cooperatives, including qualifications for candidates, the election process, and the prohibition of certain acts such as vote-buying.
A

Q&A (NEA)

These guidelines govern the elections of the Board of Directors of all electric cooperatives in the Philippines as per Section 1.

Election refers to the process of choosing a director in a district through secret balloting to represent its members in the cooperative Board of Directors.

The minimum qualifications include being a Filipino citizen, a graduate of a four-year course, aged between 21 and 70 years on the election date, of good moral character, a member in good standing for five years prior to election, a resident of the district for at least two years, among others (Section 7).

Persons holding certain public offices or spouses, recent candidates in local or national elections, those convicted of crimes involving moral turpitude, terminated employees for just cause, relatives within the fourth civil degree of related EC officials or management, having business interests competing with the EC, or EC employees running for another cooperative board (Section 8).

Each Member-Consumer is entitled to only one vote regardless of the number of connections; for joint membership, only one member votes (Section 10).

The Board shall pass a resolution calling the election not less than 90 days nor more than 120 days before the Annual Meeting of the cooperative (Section 3).

The National Electrification Administration (NEA) has the right to call and conduct the election on behalf of the cooperative (Section 5).

Prohibited acts include paying membership fees for prospective members, vote-buying, entering within 30 meters of the voting center before or after voting except to cast vote, and using goons to harass voters (Section 16).

DECOM supervises and controls the election, appoints Precinct Election Committee members, determines voting centers and precincts, acts as Board of Canvassers, decides on post-election matters and proclaims winners (Section 30).

Three years, with a maximum of two consecutive re-elections permitted (Section 15).

No, representatives of juridical persons are not eligible to be candidates, though the juridical person is entitled to one vote (Section 9).

Filing must include a verified Certificate of Candidacy with all required attachments establishing qualifications and disqualifications as specified in Sections 7 and 8, filed at least 10 days before the election (Sections 11 and 12).

An appeal must be filed within 24 hours from receipt of the decision, with five copies served to all parties, filing fee of Php 10,000, and the decision from the NEA Deputy Administrator for EDUS is final unless reversed by the Administrator (Section 13).

The DECOM resolves a tie within five days, preferably by a term sharing scheme with candidates' consent; if not agreed, then by coin toss or drawing of lots. The DECOM decision is final (Section 47).

Commission of prohibited acts such as vote-buying or harassment of voters constitutes sufficient ground for the disqualification of the candidate (Section 16).

A member with no unsettled or outstanding obligations to the cooperative, including unpaid power bills within seven days of due date, and no disallowances during incumbency (Section 7.5).

Candidates must be actual residents and member-consumers in the district they seek to represent for at least two years immediately preceding the election (Section 7.8).

No, incumbent general managers and employees of electric cooperatives are not allowed to run for board membership of another cooperative (Section 8.7).

Official watchers, appointed by candidates, observe election proceedings, witness vote counting, and together with the PECOM certify election results. They must be bona fide members and not related within the fourth civil degree of PECOM members (Sections 17 and 18).

Moral character may be established by submitting a clearance from barangay, NBI, PNP, or religious leader. Apprehension for electric pilferage, removal from any EC for cause, or conviction of crime involving moral turpitude are disqualifications (Sections 7.4, 7.6, 7.7, and 8.3).


Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.