RA 10531, new law "SEC. 26-A. Independence of the Board of Directors and Officers of Electric Cooperatives. – To ensure the long-term business and economic viability of electric cooperatives, the management, operations and strategic planning of electric cooperatives shall, as much as practicable, be insulated from local politics. "Towards this end, no person shall be elected or appointed as an officer or be eligible to run as a board member of an electric cooperative if: "(a) such person or his or her spouse holds any public office; "(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 for cause from public office or private employment; "(e) such person is related to any member of the electric cooperative board of directors, general manager and department managers within the fourth civil degree of consanguinity or affinity; "(f) such person is a representative of a juridical person; and "(g) such person is employed by or financially interested in a competing enterprise or a business selling electric energy or electrical hardware to the cooperative or doing business with the cooperative, including the use or rental of poles." Section 11. A new section, to be designated as Section 26-B, is hereby inserted under Presidential Decree No. 269, as amended to read as follows: "SEC. 26-B. Fit and Proper Rule. – To ensure that the management and operations of electric cooperatives are carried out with due regard to its economic viability, the NEA shall prescribe, pass upon and review the qualifications and disqualifications of individuals appointed or elected to electric cooperatives and disqualify those found unfit. "A candidate’s integrity, experience, education, competence and probity shall be considered in determining whether he or she shall be fit and proper to become a director or officer of the electric cooperative. "For this purpose, the minimum qualifications of a director or officer of the electric cooperative shall be as follows: "(a) He or she is a Filipino citizen; "(b) He or she is a graduate of a four (4)-year course; "(c) He or she is between twenty-one (21) and seventy (70) years old, on the date of election; "(d) He or she is of good moral character; "(e) He or she is a member of the electric cooperative in good standing for the last five (5) years immediately preceding the election or appointment; "(f) He or she is an actual resident and consumer in the district that he or she seeks to represent for at least two (2) years immediately preceding the election; and "(g) 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. "The NEA may, after due notice to the board of directors and officers of the electric cooperative, disqualify, suspend or remove any director or officer, who commits any act which renders him unfit for the position."
Posted on: Sun, 16 Jun 2013 23:37:04 +0000
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