Law Summary
Construction and Supplementary Rules
- Rules are to be liberally construed to fulfill constitutional and legislative objectives.
- In the absence of specific provisions, relevant provisions of the Revised Rules of Court may be applied analogously.
Definitions
- "NEA" refers to the Board of Administrators of the National Electrification Administration.
- "NEA Administrative Committee (NEA-ADCOM)" includes the committee or any authorized Hearing Officer.
- "Forum Shopping" means filing multiple administrative actions on the same issue with different agencies or tribunals.
Complaints and Pleadings
- Complaints must be written, sworn to, and accompanied by a filing fee, except those initiated by NEA which need not be sworn.
- Multiple causes of action arising from the same relationship must be included in one complaint.
- Anonymous complaints are generally not entertained unless supported by evidence.
- Complaints must include names, addresses, positions, detailed facts, documentary evidence, and a certification against forum shopping.
- Summons must be issued within two days of complaint receipt, specifying a 10-day period to file an answer.
Prohibited Pleadings and Motions
- Motions to dismiss are limited to jurisdictional and procedural grounds only.
- Motions for Bill of Particulars, New Trial, relief from judgment, certiorari, mandamus, prohibition, and motions to declare default are not allowed.
Answer and Service of Pleadings
- Answers must be written, sworn to, specific, and filed within 10 days of summons receipt.
- Answers must state election for formal investigation if any, and include all supporting evidence.
- Parties must serve copies of pleadings to opposing parties with proof of service.
- Failure to answer results in waiver of rights and commencement of formal hearings.
Service of Notices and Resolutions
- Service is personal by a bailiff or authorized officer within three days, or by registered mail.
- Special rules allow alternate service methods under particular circumstances.
- Returns of service must be made within two days, detailing recipients and dates.
- Service by registered mail is deemed complete upon receipt or after five days if mail is unclaimed.
Appearances and Authority
- Attorneys must indicate PTR, IBP numbers, and roll number in pleadings.
- Non-lawyers may represent themselves or be accredited legal aid members recognized by DOJ or IBP.
- Any change or withdrawal of counsel must be properly filed and notified.
- Counsel can bind clients in procedural matters but cannot enter compromises without express authority.
Venue and Case Assignment
- All cases are filed at NEA Legal Department in Quezon City.
- Cases are raffled and assigned within 24 hours of receipt to an ADCOM member or Hearing Officer.
- NEA-ADCOM may assume jurisdiction or assign cases to expedite resolution.
- Multiple related cases may be consolidated to avoid delay and expense; consolidation orders are final.
Proceedings Before NEA-ADCOM or Hearing Officer
- Mandatory conciliation/mediation conference within two days of case assignment to attempt amicable settlement.
- Compromise agreements must be approved by NEA Administrator upon recommendation after ensuring voluntary and lawful consent.
- Failure to appear by complainants or respondents during conciliation conferences results in dismissal or ex-parte proceedings.
- Intervention by interested parties allowed with permission; must not delay proceedings.
- Position papers with evidence are submitted simultaneously after conferences.
- NEA-ADCOM or Hearing Officer decides if formal hearing is necessary.
- Proceedings are non-litigious; strict procedural rules are relaxed to expedite justice.
- NEA-ADCOM/Hearing Officer controls order of proceedings, may question parties, and limits evidence to relevant issues.
- Cross-examination limited to pertinent questions; complainant presents evidence first.
- Records are summarized in written minutes; stenographic notes are not required.
- Failure to appear by either party has specific consequences, including dismissal or proceeding without evidence from absent party.
- Postponements are disfavored; hearings should conclude within 90 calendar days.
- Case submission for decision is ordered after submission of position papers and evidence.
- Voluntary or motion-based inhibition of NEA-ADCOM members or Hearing Officers possible for impartiality or conflict of interest.
- Decision recommended within 30 calendar days of case submission; decisions must include facts, issues, rulings, reasons, and relief.
- Orders and decisions served within 10 days by personal or registered mail.
- Decisions are immediately executory unless stayed by court order.
Remedies
- Motion for reconsideration may be filed within 15 days from notice of order or decision.
- Grounds for reconsideration include new evidence, lack of evidentiary support, or prejudicial errors of law/procedure.
- Cases dismissed without prejudice may be revived or refiled within 10 days of dismissal.
Offenses and Penalties
- Categorized into grave, less grave, and light offenses.
- Grave offenses include grave misconduct, gross neglect, conviction involving moral turpitude, and falsification; punishable by removal.
- Less grave offenses include incompetence, refusal of duty, gross insubordination, prejudicial conduct, non-compliance with NEA regulations, punishable by suspension or removal.
- Light offenses include simple neglect, simple misconduct, insubordination with graduated penalties from suspension to removal.
- Possible penalties include forced resignation, fines, refund of misappropriated funds, and removal for physical/mental incapacity.
- Disabilities following penalties include disqualification from reemployment in cooperatives, candidacy for Board positions, and forfeiture of retirement benefits.
- Dismissal includes cancellation of eligibility and disqualification for reemployment; fines based on respondent's remuneration.
Miscellaneous Provisions
- Court appeals or petitions do not stay execution of NEA decisions unless restraining orders are issued.
- Computation of time excludes first day and includes last day, with adjustments for weekends and holidays.
- Filing fee for complaints is Php 1,000, subject to revision.
- Prior inconsistent rules and regulations are repealed.
- Rules take effect fifteen days from publication and official registration.