BAGUIO CITY – The Benguet Electric Cooperative (BENECO) filed charges before the city prosecutor’s office against the management of the Landbank of the Philippines and three other individuals for alleged violation of the pertinent provisions of Republic Act (RA) 7832 otherwise known as the Anti-Electricity and Electric Transmission Lines/Materials Pilferage Act of 1994.
In a 9-page affidavit complaint executed by BENECO Network Services Department Manager Engr. Ramel B. Rifani, the respondents to the case were identified as landbank Liza Melendez, Raul Zamora, Willer Alipit and Carlo Bentayen.
Records show that the bank located along Marcos highway has not paid its electric bill in the months of November 2021, December 2021 and January 2022.
Subsequently, BENECO wrote a letter dated January 10, 2022 addressed to the bank manager informing the same of their unpaid power bills as of December 27, 2021 amounting to P57,764.39 including surcharges and Value Added Tax charges.
On January 20, 2022, the bank replied in a letter stating that it has paid its monthly electric bills religiously as evidenced by their teller official receipts that were in their possession.
On January 19, 2022, BENECO wrote to Lanbank that the receipts used to cover its electric bills paid on November 8, 2021, December 6, 2021 and January 3, 2022 were declared lost and stolen.
Rifani narrated that on October 18, 2021, during the forceful takeover of the National Electrification Administration (NEA) and the camp of lawyer Ana Marie Paz Rafael, part of the declared missing and stolen were the receipts used in the payment of the said bills.
Further, BENECO has not recall any of the receipts to its authorized collection centers or collection agents and it did not receive the alleged cash payments nor was it recorded in its system and consumer ledger.
He claimed that Landbank was even told to retrieve from the person it made its payment and to deliver the same to BENECO so it would not have any arrears on record.
Comparing the receipts of Landbank with the lost ones, he stipulated that it can be seen that the bank receipts are included in the list of lost receipts from October 18-20, 2021 during the hostile takeover of BENECO South ‘Drive.
On March 3, 2022, the bank received a letter dated February 17, 2022 advising it that due to its refusal to pay its unpaid electric bill amounting to P75,965.74, BENECO will be implementing the disconnection of its power supply anytime.
However, on March 8, 2022, the bank replied to BENECO’s advisory in a letter dated March 4, 2022 insisting its payment of its electric bills evidenced by the declared lost receipts and requested to await the decision of a case filed by BENECO against the bank pending before the Regional Trial Court (RTC) Branch 60 before the implementation of any power disconnection.
On March 16, 2022, at around 1 pm, the team of meter reading, billing, collection and disconnection office led by Frazier Angayen and special equipment and metering officer Mario Calatan went to Landbank to implement the power disconnection of the same due to non-payment of its electric bill.
The BENECO personnel cut off the service drop, the wire connecting from the main power supply of the electric coop to the bank and pulled out the kilowatt-hour meter.
On March 17, 2022, BENECO found out through the post of lawyer Maita Cascolan Andres in facebook that Willer Alipit, a former BENECO lineman, was seen reconnecting the service drop of the bank without the knowledge and consent of BENECO.
BENECO conducted a surveillance at the site to confirm the authenticity of the post and that it found out that the reconnection by the bank of its power supply is not in line with reconnection protocols of the electric cooperative.
Rifani stipulated that for BENECO to reconnect the power supply of a non-paying consumer, the same must first pay the arrears and the prescribed reconnection fee. Also, only authorized personnel shall only perform the reconnection.
Ironically, he pointed out that the aforesaid protocol was not allegedly flowed by the bank in the said case.
On March 18, 2022, at around 4 pm, BENECO team headed by Mario Calatan implemented and apprehension of illegal reconnection of the bank and during the same, it was found out that the bank’s power was restored without the knowledge and consent of BENECO; there was an illegal connection of white conductor from the main power supply to the bank and there was an unregistered kilowatthour meter without the proper seal.
Before the power disconnection and removal of the unregistered kilowatthour meter, the team explained to the bank representative that their connection of service drop without authority or consent from BENECO is illegal and also the imposition of the proper penalty.
The apprehension form was delivered to Landbank but its officers refused to receive the same for still unknown reasons.
The illegal reconnection of the service drop of the bank was reported to the Network Services Department and a penalty computation for the apprehended account was made. The bank was charged with a total amount of P108,144.77.
On the evening of March 18, 2022, BENECO received a call informing them that a group of persons in lineman uniforms were working at a pole near the bank and linemen were dispatched to check the same and they found out that the group of Carlo Bentayen, Willer Alipit and Raul Zamora from the camp of Rafael reconnected the power supply of landbank.
On March 19, 2022, BENECO personnel conducted a surveillance and discovered that a new service drop was tapped at the secondary line towards the pole box of the bank and a new unregistered kilowatthour meter was installed without notice or authority from BENECO.
BENECO sent a letter to the bank informing the same of its illegal reconnection of power supply which is against its policy and in violation of RA 7832 and were given 3 days to explain the same. It demanded the bank to pay the newly computed arrears but the bank refused to comply with the said demand.
BENECO disclosed that the total computation of illegal reconnection based on meter reading is P213,831.26.
Final demand dated August5, 2022 was made by BENECO on August 10, 2022 through counsel for the bank to pay its outstanding balance based on the said computation of energy consumption after disconnection.