BAGUIO CITY –Seven members of the Board of Directors of the Benguet Electric Cooperative recently filed charges of falsification of public documents and use of falsified documents before the city prosecutor’s office against four of their colleagues and the appointee of the National Electrification Administration–Board of Administrations (NEA-BOA).
In their joint affidavit, the complaints of the said case are BENECO board president lawyer Esteban Somngi, Mike W. Maspil, Peter Bosaing, Josephine Tuling, Fr. Jonathan C. Obar, Robert L. Valentin and Jeffred Acop while the respondents to the same are Luke Gomeyac, Enrique Moresto, James Aclopen, Rocky Aliping and lawyer Ana Marie Paz Rafael, the appointee of the NEA-BOA to the position of BENECO general manager.
The complainants claimed that in the formulation of policies, including matters submitted to the board for action, the will of the majority prevails as embodied in a resolution or other related comments and is considered as the official act of the BENECO board acting as a collegial body.
In a transmittal dated August 31, 2021 and signed by Rafael, the performance management contract signed by the 4 accused was submitted and received by NEA on September 1, 2021.
The accused were not authorized by the BENECO board to enter into a performance management contract (PMC) with Rafael on behalf of the electric cooperative which is done exclusively by way of a valid resolution passed by the board in a meeting duly called for the purpose.
Further, the complaint added that the act of Rafael in entering into the questioned PMC with the 4 accused as representatives of BENECO despite lack of authority from the board by way of a resolution is also falsification by making untruthful statements and a narration of facts under the pertinent provisions of the Revised Penal code.
According to the complaint, the act of submitting the same falsified PMC to NEA is an offense of use of falsified documents and any other transactions under the same Code.
On April 21, 2020, the BENECO Board unanimously adopted Resolution No. 2020-083 and designated former assistant general manager Engr. Melchor S. Licoben as officer-in-charge (OIC-general manager).
On the same day, the board unanimously adopted Resolution No. 2020-090 that appointed Engr. Licoben as the general manager of BENECO.
On August 31, 2021, the board, by vote of majority of 6 over 4, adopted Resolution No. 2021-151 that authorized the board president Somngi to execute, sign and enter into a PMC, on behalf of BENECO, with Engr. Licoben, which was duly accomplished on the same day.
The complainants voted in favor of Resolution No. 20-21-151 while the accused voted against the same.
On September 1, 2021 or barely a day after the execution of the PMC with Engr. Licoben, the minority of 4 members of the board entered into and signed, on behalf of BENECO, a PMC with Rafael as the BENECO general manager for a period of one year starting August 28, 2021. By HENT
