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QUALIFICATION AND DISQUALIFICATION OF A DIRECTOR AND OFFICER

QUALIFICATIONS:

Pursuant to Section 26-B of PD 269, as amended by the Act, a candidate's integrity, experience, education, competence and probity shall be considered in determining whether he/she shall be fit and proper to become a director or officer of the EC.

For this purpose, the minimum qualifications of a director or officer of the EC in pursuant to Republic Act No. 10531 or known as National Electrification Administration Reform Act of 2013 shall be as follows:

A. He/she is a Filipino citizen;
B. He or she is a graduate of a four (4) year course;
C. He or she should be between twenty-one (21) and seventy (70) years old on the date of election;
D. He or she is of good moral character;

For purpose of this IRR, good moral character may be established with the submission of a certificate issued by any of the following:
I. Barangay where the candidate resides;
II. National Bureau of Investigation;
III. Philippine National Police; or
IV. Leader of the religious sect where the candidate is affiliated.

E. He or she is a member of the EC in good standing immediately preceding the election or appointment and shall continue to be a member in good standing during his or her incumbency;

For purposes of this IRR, a member of good standing shall mean that said member:
has no unsettled or outstanding obligations to the Electric Cooperative (EC) whether personal or through commercial or industrial connections of which he or she is the owner/co-owner three (3) months prior to the time of filing of the certificate of candidacy: Provided, That for incumbent member of the EC Board who will seek re-election, unsettled or outstanding obligation shall be deemed to inclued power bills, cash advances, disallowances (including NEA audit findings) and materials and equipment issuances reckoned from the time of filing of candidacy. (Amended under DOE circular no. DC2014-09-0017 dated September 01, 2014)

F. Has not been apprehended for electric pilferage;
A mere apprehension of electric pilferage by the EC, even without conviction for such offense by any court shall be a valid ground for disqualification. The word “apprehension” should be taken in the strict context as used in the Republic Act no. 7832, otherwise known as “Anti-Pilferage and Electric Transmission Lines/Materials Pilferage Act of 1994”, which means that a person is caught in flagrante delicto for violating the provision of the said Act;

G. Has not been removed for cause as director or an employee from any EC;
In general, removal or termination of service from the EC is caused by grave offense or violations of policies, rules and regulations. A former director or employee with a record of termination/removal for a cause from public office or for just cause as defined in Article 282 of Labor Code as amended, shall not be qualified to be elected or appointed as director of an EC.

H. He or she is an actual resident and member-consumer in the district that he or she seeks to represent for at least two (2) years immediately preceding the election; and

I. He or she has attended at least two (2) Annual General Membership Assemblies (AGMA) for the last five (5) years immediately preceding the election or appointment.

DISQUALIFICATIONS:

Pursuant to Section 26-B of PD 269, as amended by the Act, any person shall be ineligible to be elected or be appointed as member of the board of directors or officers of an EC if:
A. Such person or his or her spouse holds any public office. For the purpose of disqualification, a person holding an elective position or an appointive position with a salary grade of sixteen (SG-16) or higher or its equivalent shall not be eligible to be elected as member of the Board of Directors or officers of an Electric Cooperative;

B. Such person or his or her spouse has been a candidate in the last preceding local or national elections;

C. Such person has been convicted by final judgment of a crime involving moral turpitude;

D. Such person has been terminated from public office/government employment or private employment for just cause as defined in Article 282 of the Labor Code. For this purpose, termination from public office shall mean removal;

E. Such person is related within the fourth civil degree of consanguinity or affinity to any member of the EC Board of Directors, Department Manager, NEA-appointed Project Supervisor (PS) or Acting General Manager (AGM) and its equivalent or higher position; and

F. Such person is employed by or has financial interest in a competing enterprise or a business selling electric energy or electrical hardware to the cooperative or doing business with the EC including, but not limited to, the use or rental of poles. For the purposes of this IRR “doing business” shall refer to the transactions related or to the core or main line business of the EC, which is conveyance of electricity through its distribution facilities.

G. Incumbent GM and employees of Electric Cooperatives are not allowed to run as member of the board of another Cooperative; and

H. The disqualification of one of the spouse shall mean the disqualification of the other.

 

 

 

 

 

 

 

 

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