QuestionsQuestions (NEA)
They govern elections of the Board of Directors of all electric cooperatives in the Philippines, specifically choosing a director in a district through secret balloting to represent members in the Board.
The Board of Directors must call, schedule, and provide appropriation by Board Resolution passed not less than 90 days nor more than 120 days before the Annual Meeting; a copy must be submitted to NEA within two weeks after the Board Meeting.
Elections must be held in not less than 30 days but not more than 60 days before the Annual Meeting (with the 30-day reckoning period based on the date of the last elections scheduled for the year).
A Special Election fills a vacancy due to death, incapacity, resignation, disqualification, or similar causes when the unexpired term is two years or more; it is called by Board Resolution within five days after the vacancy and held 25 to 35 days after the vacancy.
The Board, by majority vote, appoints through a Resolution the successor from among nominees submitted by the MSEAC, or designates a caretaker from among incumbent board members or a NEA-designated independent director.
When serious causes make a free, honest, and orderly election impossible (e.g., violence, terrorism, loss/destruction of election paraphernalia or records, force majeure). DECOM may postpone in its discretion, subject to NEA affirmation; postponement cannot exceed 20 days (with election reset covered by notice/candidacy periods as provided).
NEA may call and conduct the election for and on behalf of the cooperative as part of its supervisory and oversight functions.
If the total number of Member-Consumers who registered in the prescribed form fails to meet quorum requirement of 100 or 5% of Member-Consumers, whichever is less, the election is deemed a failure.
At least: (1) Filipino citizen; (2) graduate of a four-year course; (3) age 21 to 70 on election date; (4) good moral character (shown by required clearances/certificates); (5) member in good standing for the last 5 years and continuing during incumbency; (6) not apprehended for electric pilferage (as defined by RA 7832 in strict context of being caught in flagrante delicto); (7) not removed for cause as director/employee; (8) actual resident and member-consumer in the district sought for at least 2 years immediately preceding election; (9) attended at least two AGMA in the last 5 years.
A member must have no unsettled/outstanding obligations to the cooperative during membership (including power bills where due date is 9th day from receipt; for incumbent board seeking reelection, includes power bills, cash advances, disallowances incl. NEA audit findings, and materials/equipment issuances) and must be totally free of unsettled indebtedness/disallowances at any time.
Ineligible if: (1) person or spouse holds public office; (2) person or spouse was a candidate in the last preceding local/national elections; (3) convicted by final judgment of a crime involving moral turpitude; (4) terminated from employment for just cause / removed from public office; (5) related within fourth civil degree of consanguinity/affinity to certain EC/NEA positions or board members; (6) employed by or has financial interest in a competing enterprise or business selling electric energy/electrical hardware or doing business with EC affecting management/operation; (7) incumbent GM and EC employees cannot run as board of another cooperative; and (8) spouse disqualification applies to the other.
A qualified member-consumer. No one may be elected as director unless they filed a verified Certificate of Candidacy.
It must be filed at the cooperative office during office hours not later than ten (10) days before the election through the Member Services or Institutional Services Department Manager, using the official form and submitting required attachments.
Protests arising from disqualification must be filed not less than five days before election. The Screening Committee decides within 48 hours from receipt; its decision is final.
Only if the decision is based on: (1) patently erroneous findings of facts, or (2) patently erroneous conclusions of law.
Including: paying for membership fees of prospective members; vote-buying; entering within the 30-meter perimeter of the voting center before/after casting vote (allowed only for casting); use of goons/harass voters. Any such act is sufficient ground for disqualification.
Each Member-Consumer is entitled to only one vote regardless of number of connections. In joint membership, only one member shall vote.
Counting is public and uninterrupted; the PECOM reads ballots and records votes on returns and tally boards. Ballots are appreciated with specific rules; stray votes include votes for persons who did not file a Certificate of Candidacy and votes that are illegible or do not sufficiently identify the intended candidate(s).
DECOM has jurisdiction over post-election protests relating to the election of Board members. Irregularities on the conduct of the election must be filed within three (3) days after proclamation of results.
DECOM’s decision may be appealed to the Committee on Electoral Protest headed by the NEA Deputy Administrator for EDUS. The appellant must pay NEA a filing fee of PhP100,000 for administrative costs and expenses.