I wish to inform all "Aleco" member-consumers that I filed today with the Court of Appeals a petition: 1. To restrain the holding of the September 14, 2013 "referendum", and thereafter to make the injunctive order permanent after notice and hearing. 2. To declare the nullity of Energy Department Circular No. DC 2013-07-0015 authorizing private sector participation for lack of basis under the NEA Reform Act. 3. To order Secretary Petilla to issue another set of implementing rules and regulations within the ambit of Republic Act No. 10531, particularly section Section 4-b, Presidential Decree No. 269, as amended by Republic Act No. 10531. 4. To order NEA through Administrator Bueno, to release to "Aleco" the rehabilitation funds amounting to P500 million pesos, which the national government allocated to the utility through NEA, following the destruction caused by typhoon Reming. 5. To order NEA (through respondents Bueno and Briones) to immediately conduct elections for "Aleco" directors, in lieu of "referendum", to provide "Aleco" with corporate governance as mandated in Presidential Decree No. 269, by observing the term limits provided in the "Aleco" bylaws, or as provided in Presidential Decree No. 269. 6. To order NEA (through respondents Bueno and Briones) to render a report to the member-consumers of "Aleco" as to how much money has been contributed by the member-consumers, to enable the latter to determine the extent of their ownership of "Aleco". 7. To order Bueno and Briones, to initiate corporate rehabilitation proceedings with the proper court, with a view to obtaining a stay order against creditors whose claims now destabilize the financial operations of the utility. 8. To order NEA (through respondents Bueno and Briones) to subject "Aleco" to comprehensive audit, starting from the establishment of "Aleco" in 1991, and to initiate criminal, civil or administrative action, against those responsible for the financial mess that "Aleco" is now in. 9. To order NEA (through respondents Bueno and Briones) (a) to implement the system of patronage credit and patronage refund, and (b) to reconstruct the records of consumption of individual member-consumers, as well as the record of sales of "Aleco" on per-month-basis, to give meaning to the nature of the utility as a cooperative pursuant to Presidential Decree No. 269. The docket number of the petition is 131723. I need your full support in this endeavor, and let us keep our fingers crossed, as to how things will play out in the days ahead. I wish to thank a friend from Naga City who is generous enough to have provided financial assistance for the filing of the petition, in support of our cause in Albay Province.
Posted on: Wed, 11 Sep 2013 09:56:25 +0000
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