What if the illegitimate Daneco-CDA is outlawed?

aug 22-28, 2013

HASHTAGS BREW

By Cha Monforte

That’s the big question lingering in the minds of those innocent member-consumers who have paid to illegitimate Daneco-CDA. In the midst of the fight which is legal or not- Daneco-NEA or Daneco-CDA?- they chose to pay to the latter because of the low electricity rates it bills all because it does not include in its billing the penalties, surcharges, taxes and other rightful charges.

It appears now that when they paid to the illegitimate  Daneco-CDA they were paying the bill that has incorporated violations of taxation, ERC, NEA and BIR laws and rules, and hence unwitting member-consumers hoodwinked by the scheme to sway more members to the side of the illegitimate Daneco-CDA were innocently dragged by the ring leaders of coop putschists into breaking laws.

The problem in their payments to the illegitimate Daneco-CDA is that supposed power bill payments do not go for the payment of power obligations to PSALM, Therma Marine and NGCP. The so-called Daneco-CDA board chairman Abenir Labja nonetheless claimed during the Sangguniang Panlalawigan session last June 10 that for once it did pay NGCP, and so it paid only for once for the cost of power transmission, not of power supply.

It’s all but the Daneco-NEA that has been paying for the power supply obligations since the group dismissed by NEA for abuse of authority staged a sort of coup at the pretext of converting into stock cooperative July last year. Where have all the Daneco-CDA’s collections gone even as they claimed in their own press conferences and releases they have already audited financial statements, which particulars were not leaked to the media? Publish it and we’ll scrutinize.

The other big problem in the illegitimate faction’s carting away of Daneco’s functions, chief of these is the collection, is the generation of additional costs and burdens  such as the fat salaries of its management and consultants, honoraria and allowances of its board of directors, expenditures in the creation of idle barangay collection centers including the security guards and manpower manning these, the high costs of continuing suits and lawyers’ fees, the expenditures for the questioned series of referendum and general assemblies, expenses for their propaganda and media mileage and the untold costs to all those pro-Daneco-CDA campaigning in the barangays. They have less if not none for the power maintenance and capital investment expenditures?  If Labja claimed in that SP session that they averaged to collect P10-11 million a month, did most of this income go only to these activities that try to break, destroy and swallow up the mother legitimate entity, the Daneco-NEA leaving them so scarce to pay for its power supply obligations? The payments of the innocents did not go to the coffers of real Daneco (for now, comparatively called as Daneco-NEA).

What if the Court of Appeals rules to outlaw the Daneco-CDA faction? Come now the corollary questions:

1. Will those innocents who paid to Daneco-CDA  charge the coop putschist ring leaders to be responsible for all what they paid lesser and for the shortages that covered for the unbilled taxes, penalties and other due and rightful charges as all their payments to the Daneco-CDA are treated by the Daneco-NEA as still all payables?

2. If the payments of the innocents are considered, for consideration’s sake, what if the Daneco-CDA has actually charged basic and minimum rates lesser than what is charged by Daneco-NEA as approved by the ERC (that’s not counting the penalties, etc)?

3. Will the Daneco-NEA and NEA allow that all those expenses incurred by Daneco-CDA to break, destroy and swallow the mother unit up as just quits while their coop putschist ring leaders go scotfree and the former will just move on as one revived Daneco for peace’s sake, charged to experience, as long as the latter is dissolved?

The legitimacy of the Daneco-CDA has long been questioned while it has only blinking color of legality as when it first got CDA registration, that was subsequently temporarily suspended and then surprisingly lifted by one person only, the CDA chairman, even while there’s an existing Writ of Preliminary Injunction from the Court of Appeals, from where the temporary suspension of the CDA registration was premised on. Second, when it got an either-or ruling from RTC Branch 1 Judge Virginia Tehano-Ang, who – my momma- gave member-consumers the option where they would pay their electric bills to any of the two fighting factions, and hey, it’s just OK pending the resolution on the issue of legality and CDA registration. Third, when the good judge again ordered the BIR to give to her sala the BIR-authorized OR to be distributed to both even while the CA already ordered her to no longer make any further proceeding on six special proceeding cases relating Daneco to avoid more confusions and complications.

Evidently, Daneco-CDA’s claims of legitimacy can easily be shattered by the fact that it is not the entity recognized by the ERC (Energy Regulatory Commission) and its electric rates have not been approved by the ERC in the first place. Recently, the BIR vouched that it is only recognizing Daneco-NEA and not the so-called Daneco-CDA in the matter of printing and issuing official receipts. So Judge Ang has to cite BIR for contempt now? BIR’s affirmation followed the earlier recognition of other agencies such as the depository banks, the LGUs and all other national government agencies, which pay their electric bills to which else but Daneco-NEA. Daneco-CDA might have blinking color of legality, but it is not legitimate as it is not legitimately recognized by authorities.

More importantly, Daneco-CDA is not recognized by   the true father of electric coops nationwide- the NEA (National Electrification Administration), which is now given more supervisory, disciplinary and step-in powers after the Implementing Rules and Regulations of the  recent National Electrification Administration Reform Act of 2013 (Republic Act 10531), which amended the NEA Charter (Presidential Decree 269), was issued last week. Middle this month the IRR would become effective and we’ll expect a NEA takeover anytime soonest to One Daneco which has been ailed by its separatist part.

                                      ******

TAGS & HASHES: Congrats to Tagum City Mayor Allan Rellon for materializing the long-clamoured indigenous representation to the city sanggunian in the first monthsary of his new administration…. Last August 1, Datu Rudy Onlos, half Mansaka and half Mandaya in blood, took oath as the newest member of the City Council. It all takes a political will to do it. It was a historic first monthsary act of PDPian Mayor Rellon…. It appears that Gov. RDR pulled a fast one to the PCL election result when he caused for the entry of Datu Pandian to the SP. He put one more IP vote for the LP to still edge out the Busog Baryohanon’s 1 more PCL vote.

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