‘NOTHING CAN STOP US’: Ceneco execs say JVA plebiscite will go ahead

By Dolly Yasa

BACOLOD City – “Nothing can stop us.”

This was the declaration of Central Negros Electric Cooperative (Ceneco) general manager, Atty. Arnel Lapore Friday afternoon on the holding of the plebiscite on its Joint Venture Agreement (JVA) with a private firm scheduled this weekend, June 24-25, 2023, and the next.

Lapore and members of the Ceneco board of directors headed by Jojit Yap held a press conference after a group of self-proclaimed directors attempted to take over Ceneco offices Friday morning.

Lapore said the group of Ernie Pineda entered the premises of the distribution utility and went up to the third floor where the boardroom is located.

He added that the group decided to leave the premises as security and police personnel were requested to step in.

Lapore said he believes that the group was able to enter the premises with the help of inside personnel.

He added that this is being investigated and personnel who will be found to have connived with the group will be sanctioned.

Pineda’s group spearheads the JVA opposition that sought an injunction with a prayer for a Temporary  Restraining Order with the Regional Trial Court here.

On Friday afternoon, Judge Maria Lina P. Gonzaga of RTC Branch 42 denied Pineda’s motion for failure to notify Ceneco and its possible JVA partner PrimeElectric Holdings of the suit.

Pineda who claimed he is the president of the Ceneco-Members, Consumers, Owners (MCO) appointed himself as director together with four others and also appointed an acting general manager.

National Electrification Administration (NEA) project supervisor Atty. Vic Alvaro, who was also present, in the press conference declared the move of Pineda’s group as illegal.

Alvaro said, “NEA recognizes the legitimacy of the duly elected Ceneco Board of Directors led by Board President Jojit Yap.”

“The EC operations are normal and unimpeded. Thus, the MCOs should not be unduly alarmed by the reported actions of an illegitimate group claiming to be the representatives of the MCOs. Members of the EC Board are either elected or appointed but must comply with the requirements set forth by law and the pertinent NEA regulations (Republic Act 10531 and its implementing rules and regulations, and NEA Memorandum No. 2014-019). There are no shortcuts to membership in the EC board as espoused by these impostors,” he added.

Lapore said that Pineda is not qualified for the board of director position because he is not a member of good standing as he has not paid his electric bills and his meter was removed in January 2023.

He added that Pineda only paid seven of his nine outstanding bills on June 21, 2023 but still has two pending bills.

The board led by Yap filed a resolution condemning the attempted takeover and vowed to file charges against the “fake” directors and Ceneco personnel who will be proven to have connived with them.

Lapore also said that the management has already taken measures to prevent the same incident from happening again.

He said that the plebiscite will go on as scheduled on June 24-25, July 1-2, and July 7-8, 2023.

Ceneco needs to secure the approval of the majority (50 percent plus 1) of the over 207,000 consumers to go ahead with the JVA.

In a statement, the JVA oppositors said “a federation of Ceneco member-consumer-owners (MCO) stormed its Bacolod City office and declared as removed all existing members of the Ceneco Board of Directors (BOD), and the appointment of an interim BOD through a resolution signed during the Special Meeting of Members held June 22.”

The interim Board of Directors, composed of Marina Trinidad for District 1, Roger Francisco for District 2, Ernie Pineda for District 4, Jose Wilson Cabus for District 6, Carry Palabrica for District 7, and Marivic Espende for District 8, led a take-over of board leadership after the highly contested signing of the JVA.

According to the groups, “Board President Jojit Yap and other directors breached the limits of their authority by signing the JVA six days after an Annual General Members’ Assembly in which MCOs made a motion to dismiss its discussion and exclude it from the Assembly agenda.”

“The outcome of the AGMA exposed the plain rejection of the JVA by the highest decision-making body of CENECO. The Board of Directors are showing that they’re already treating this cooperative as a private entity by moving forward with the signing despite concerns and opposition of its MCOs,” said MCO President Ernie Pineda.

“This is a blatant disregard for the democratic process of the body, and this abuse of power is grounds for the removal of any board member under the CENECO bylaws. Director Yap did not have any authority to sign the JVA,” Pineda continued.

According to the MCO Federation, the resolution from the Special Meeting of Members manifested the following demands: (1) the removal of all current CENECO Board of Directors, (2) the creation of an Interim Board of Directors, and (3) the junking of the JVA and its upcoming plebiscites.

Several groups accompanied the interim BOD to express support of the takeover and to further cement the resolutions forwarded by the MCO Federation. The action is led by member-consumer-owners, Laban ng mga Mamamayan sa Monopolyo at Pribatisasyon (LAMP), Konsyumer Negros, and Bukluran ng Manggagawang Pilipino (BMP) Sanlakas – Negros.

“Privatization of Ceneco will not be the solution to the multiple concerns and issues that have been plaguing consumers: decades of suffering under high prices of electricity, unreliable power supply, and continued dependence on dirty and destructive fossil fuel-based energy,” said Grid Alila of Konsyumer Negros.

“We are hopeful that under the new Board, Ceneco can focus its energies in ushering in the renewable energy transition in Negros, and creating a roadmap for genuine solutions,” added Alila.

These developments come a day before the first supposed JVA plebiscite, to be held on the dates of June 24-25, and July 1-2.

“The proposed JVA plebiscite by the former and now defunct Board of Directors is fraudulent as it violates the rights of the MCOs, going against the by-laws of CENECO itself. This brave step by MCOs in Negros Occidental is an encouragement to other electric cooperatives faced by the threat of consumers’ disempowerment through privatization,” said Atty. Luke Espiritu of BMP.

The declaration of a People’s Action Plan was the first order of the day for the interim Board of Directors, with its main objectives being upholding leadership and empowerment of CENECO’s Member-Consumer-Owners, transforming CENECO into an electric cooperative that serves the best interests of consumers, and committing to supply affordable, reliable, and sustainable electricity in line with the best interests of MCOs.