An incumbent legislator and a former electric cooperative official are facing charges before the Ombudsman for using Benguet Electric Cooperative (Beneco) facilities, equipment, and resources to campaign for a presidential candidate and the Philippine Rural Electric Cooperatives Association (PHILRECA) partylist group during the recent elections.
Sued for violation of Section 95 (b) and (d) of Batas Pambansa 880, otherwise known as the Omnibus Election Code, are PHILRECA partylist group Rep. Presley de Jesus and Melchor S. Licoben, former acting manager of BENECO.
In a complaint-affidavit received by the Office of the Ombudsman on 8 August, Mary Grace Bandoy alleged de Jesus and Licoben also violated a National Electrification Administration (NEA) Memorandum Circular No. 2021-051 dated 22 November, and Legal Advisory No. 01, series of 2021, on the guidelines prohibiting electric cooperatives (EC) from election activities.
The NEA circular and legal advisory stipulate that EC facilities, equipment, and resources including the services of its officers, employees, and other personnel shall be used exclusively for its operations, relevant to the purpose for which they were organized.
“Conducting, sponsoring, or participating in partisan political activities shall not be considered as an advancement or necessary, convenient or appropriate to accomplish the purpose for which the EC is organized, hence they are strictly prohibited,” the circular read.
Bandoy, who is a member-consumer of BENECO, claimed de Jesus and Licoben’s willful and witting use of BENECO’s facilities and resources is a clear violation of the provisions of the Omnibus Election Code and the Memorandum of NEA — a body supervising the activities and in charge of the responsibility of organizing, financing and regulating of electric cooperatives created under Presidential Decree No. 269.
She alleged the BENECO headquarters on South Drive in Baguio City was used as PHILRECA’s campaign area, including the use of the electric cooperative’s vehicles.
PHILRECA’S election paraphernalia, she added, was likewise prepared, distributed, and hung at the BENECO headquarters as if it was PHILRECA’s campaign headquarters.
“Even employees of BENECO, as exampled by Mr. Melchor S. Licoben, in total defiance of the Omnibus Election Code and NEA’s Memorandum, participated in partisan political activities, as they openly gave their support and participated in PHILRECA PARTYLIST’s activities and rallies of a presidential candidate for the 2022 elections,” the complaint said.
Licoben’s use of BENECO’s resources to advance the political agenda of PHILRECA partylist group gave unwarranted benefits to the latter in violation of Section 3(e) of Republic Act 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, the complaint added.