Repealing Presidential Decree No. 269

The Sangguniang Panlalawigan (SP) of Oriental Mindoro has enacted Resolution No. 949 – 2010, a "Resolution Requesting The Congress of the Philippines, Both The House of Representatives and Senate To Review Presidential Decree No. 269, also known as the "National Electrification Administration Decree, As Amended, and when necessary to Enact a Law for the Repeal or Amendment of Provisions Thereon Found To Be Contrary to the Interest and General Welfare of the Electric Cooperatives As Well As Its Members and the Public In General".

A copy of this said Resolution was sent to SP Aklan for the information of the presiding officer and members, and "to gain support on this cause".

The Oriental Mindoro Resolution was included in the "Order of Business" of SP Aklan and presented during its 19th Regular Session held on November 17, 2010.

It was agreed that the Oriental Mindoro Resolution No. 949-2010 be referred to the Committees on Laws, Rules, and Order chaired by Hon. Selwyn Ibarreta and Committee on Cooperatives chaired by Hon. Nemesio P. Neron.

According to the SP Oriental Mindoro Resolution, PD No. 269, the NEA has been vested "so much powers that many of which, to the mind of the Oriental Mindoro SP members are very restrictive to that extent that those are directly, indirectly inimical to the total development of electric cooperatives".

SP Oriental Mindoro resolution cited the overwhelming powers of the NEA over electric cooperatives in securing or entering into loan agreement with other lending source…it restricts, delimits and/or impedes cooperative powers to secure or enter into a loan agreement with other funding source…the NEA’s administrator approval and certification is a pre requisite before a cooperative can secure loan agreement".

SP Oriental Mindoro members also cited the provision of PD No. 269 which made electric cooperative puppet of the NEA As Section 24 provides that "the cooperatives are under the control and supervision of the NEA which shall have the right to be represented and to participate in all cooperative Board meetings and deliberations and to approve all policies and resolutions". This provision made a puppet out of all electric cooperatives, according to SP Oriental Mindoro members.

Moreover, Section 22, PD No. 269 requires 100 members only to obtain a quorum at any meeting of an electric cooperative.

This provision of 100 members present to obtain a quroum to transact business or approve matters is overwhelming the majority members who are in the case of Oriental Mindoro the member-consumers are 107,000. In Aklan, Akelco has more than 100,000 member consumers.

PD No 269, as amended, is crafted at the helm of martial rule, is no longer relevant to the principle of democracy, justice and transparency, the SP Oriental Mindoro members pointed out. It is not in accordance with the present policies and method of governance being fostered and followed, the resolution added. /MP