TUBA, Benguet – The Benguet Electric Cooperative (BENECO) recently filed charges before the Benguet provincial prosecutor’s office a corporation 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 and other related law, rules and regulations.
In his 6-page affidavit complaint, BENECO Network Services Department Manager Engr. Ramel Rifani identified the alleged violator of the law as the Badiwan Silver Springs Corporation (BSSC) represented by Lorenzo J. Palileo.
Records showed that BENECO, through its former board president Engr. Rocky M. Aliping and BSSC through its chairman Lorenzo J. Palileo, entered into an agreement on March 2, 2018 and a contract for service connection on November 12, 2019.
BSSC has been allegedly failing to pay its electric bill and continue to accumulate surcharges, thus, beginning January 21, 2021, the firm has constantly communicated with BENECO’s general manager Engr. Melchor S. Licoben, regarding its request for proposed manner of payment of its outstanding balance, accumulated arrears and surcharges.
On January 14, 2022, BENECO in a letter informed the company of its outstanding balance of P10,048,484.58 and it gave BSSC 3 days or until January 18, 2022 to settle its arrears, otherwise it will be constrained to disconnect the company’s electric service.
On January 26, 2022, BENECO tried to implement the actual disconnection, however, Romel S. Pagandiyan from the special equipment and metering office (SEMO) was informed that BSSC was allegedly able to settle its outstanding balance by depositing the amount of more than P1.8 million and P1 million in BENECO’s PNB Session Road account.
Ironically, Rifani disclosed that the alleged payments made by BSSC do not correspond with its outstanding balance. Pagandiyan did not push through with the said disconnection but advised BSSC to provide a copy of the proof of payment to the BENECO office for certification.
On February 4, 2022, BSSC was informed by BENECO in a letter dated February 2, 2022 that BENECO has its authorized collection centers where payments should be remitted.
On February 11, 2022, BENECO reiterated in a letter dated February 10, 2022 for BSSC to provide proof of its payment to its office to verify if indeed it paid its arrears.
Rifani claimed that having been given several opportunities and time to present their proof of payment to BENECO office to substantiate its claim, BSSC failed to comply with the same.
On February 23, 2022, a team led by Mario Calatan from the SEMO implemented the physical disconnection of the electric service of BSSC but failed to do so as they were intimidated by a group of 10 individuals led by a certain Carlo Bentayen, Willer A. Raul and Engr. Estioco.
Estioco was again instructed to submit his reply letter and required him to present proof of payment of their accumulated arrears.
BENECO received a letter dated February 24, 2022 addressed to a certain lawyer Ana Marie Paz Rafael with an attention line naming Engr. Ricardo S. Pallogan.
On March 15, 2022, BSSC received a letter dated March 10, 2022 informing the company that BENECO received a letter through registered mail addressed to Engr. Pallogan on the letter envelope but the letter itself was addressed to Rafael but the company’s proof of payment for its arrears were not included.
BENECO also informed BSSC that it will be scheduling its disconnection of its electric service within 10 days in receipt of the letter due to its failure to show proof of payment of its arrears.
Further, BSSC allegedly failed to comply with its obligation after the lapse of the given period, thus, on April 8, ENECO employees proceeded to implement the disconnection of BSSC’s electric service.
Section 11 of the contract of service connection grants BENECO the right to disconnect the electric service of a consumer upon notice based on valid grounds such as non-payment of electric bills 48 hours after the notice of disconnection has been served and received.
On March 26, 2022, BENECO employees a reading/billing of BSSC for the month of March 2022 and it was found out that the total amount due for the 3 accounts of BSSC is equal to P19,852,164.83 inclusive of surcharges and valued added tax charges. The same was due on April 5, 2022.
On April 8, 2022, BENECO disconnected the electric service of BSCC where the employees removed the fuse and fuse holder from BSSC’s substation which are the protective devices for power distribution.
Incidentally, BSSC used inferior quality of materials to reconnect its power supply which BENECO has been religiously paying to the TEAM Energy Corporation.
On May 31, 2022, BENECO issued a demand letter to BSSC for it to cease and desist the illegal use of electricity but BSSC continues to illegally use electricity in gross violation of existing laws, rules and regulations.
As of June 26, 2022, BSSC has failed to pay its obligation to BENECO and based on the metered reading, the company’s grand total arrears for March 26 to June 26, 2022 amounts to P9,080,659.31.
Final demand dated August 5, 2022 was made by BENECO on August 10, 2022 through counsel for BSSC to pay the company’s outstanding balance based on BSSC’s estimated bill for April, May and June 2022.
The said final demand letter was received on August 15, 2022 but BSSC through Lorenzo J. Palileo failed and refused to pay their obligation and ignored the final demand letter.