Title
NEA Rules on Electric Cooperatives Admin Cases
Law
Nea
Decision Date
May 19, 2005
A comprehensive Philippine Law establishes the administrative rules and procedures for the National Electrification Administration (NEA) and its Administrative Committee (ADCOM) in matters concerning Electric Cooperatives, providing guidelines on interpretation, requirements for pleadings and notices, venue and assignment of cases, emphasis on conciliation and mediation conferences, intervention by interested parties, submission of position papers and memoranda, non-litigious nature of proceedings, presentation of evidence and cross-examination, minutes of proceedings, issuance of orders and decisions, service of orders and decisions, execution of decisions, remedies, offenses and penalties, administrative disabilities, and miscellaneous provisions.

Q&A (NEA)

The rules are known as the Rules of Procedure of the National Electrification Administration on all administrative cases of Electric Cooperatives' Board of Directors, officers, and employees.

'NEA' means the Board of Administrators of the National Electrification Administration.

Forum shopping refers to the filing of an administrative action or complaint before another agency or any tribunal against the same party involving the same acts or causes of action and relief.

No anonymous complaint shall be entertained unless there is obvious truth or merit to the allegations or if supported by documentary or direct evidence. The person complained of may then be required to comment.

All cases must be filed only in the Office of the National Electrification Administration, Legal Department at Quezon City, Metro Manila.

The answer must be filed within ten (10) days from receipt of the summons with the complaint.

Prohibited pleadings include motion to dismiss except on specific grounds, motion for a bill of particulars, motion for new trial, petition for relief from judgment when filed with the Hearing Officer or NEA-ADCOM, petition for certiorari, mandamus or prohibition, and motion to declare respondent/s in default.

The penalty for grave misconduct is removal from office.

Within two (2) days from case receipt, the NEA-ADCOM or Hearing Officer issues summons for answers and sets a conference for amicable settlement, simplification of issues, and other preliminary matters. The conference must be terminated within thirty (30) calendar days except for justifiable grounds, and failure of the complainant to appear twice may lead to dismissal.

Yes, a non-lawyer may represent himself as a party or may appear if he is a duly-accredited member of any legal aid office recognized by the Department of Justice or the Integrated Bar of the Philippines.

The NEA-ADCOM or Hearing Officer shall recommend decision within thirty (30) calendar days without extension after submission of the case.

Grounds include newly discovered evidence materially affecting the decision, the decision not supported by evidence on record, or errors of law or irregularities prejudicial to the interest of the movant.

Dismissal carries cancellation of eligibility to run for EC director, forfeiture of retirement benefits, and perpetual disqualification for reemployment in any Electric Cooperative.

Yes, decisions are immediately executory unless a restraining order or injunction is issued by the Court of Appeals.

The filing fee is One Thousand Pesos (Php 1,000.00), subject to revision.


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