NEA THE REVISED NEA ADMINISTRATIVE RULES OF PROCEDURES OF 2013

WHEREAS,
Section 10, Chapter II of Presidential Decree No. 269, as amended by
Presidential Decree No. 1645, empowers the National Electrification
Administration (NEA) to issue rules and regulations in all matters
affecting Electric Cooperatives;

WHEREAS, Section 4 (q) of Presidential Decree No. 269,
as amended by Republic Act No. 10531 in relation to Section 5 (q) of its
Implementing Rules and Regulations (IRR) vests upon NEA the primary and
exclusive jurisdiction in the adjudication of complaints against
electric cooperative officers, whether stock or non-stock, and all
matters relating to the effective implementation of the provisions of RA
No. 10531;

WHEREAS, under Section 4-A (a) & (b) of Presidential
Decree No. 269, as amended by Republic Act No. 10531, and Section 6 (a)
& (b) of its Implementing Rules and Regulations, the NEA, has the
following powers –

WHEREAS, Section 7 of the Implementing Rules and Regulations of RA 10531 enumerates the jurisdiction of NEA over administrative cases:

NOW, THEREFORE, the following Rules of Procedure are hereby adopted and promulgated:

RULE I
TITLE

SECTION 1. These Rules shall be known as “THE NEA ADMINISTRATIVE RULES OF PROCEDURES OF 2013.”

SECTION 2. SUPPLETORY APPLICATION OF RULES OF COURT. The
pertinent provisions of the 1997 Rules of Civil Procedures shall, in
the interest of speedy and efficient administrative justice, be applied
by analogy and/or in a suppletory character and effect, in the absence
of any applicable provision herein.

RULE II
DEFINITION OF TERMS

SECTION 1. DEFINITIONS. The terms and phrases defined in
the Presidential Decree 269, as amended by Presidential Decree 1465
shall be given the same meanings when used herein.

RULE III

PLEADINGS, NOTICES AND APPEARANCES

SECTION 1. COMPLAINT. A complaint against any or all of
the EC Officers shall not be given due course unless it is in writing
and verified to by the complainant(s) with payment of filing fee in the
amount of Five Thousand (P5,000.00) Pesos. However, in cases initiated
by NEA, the complaint need not be verified.

Payment of filing/docket fees is jurisdictional and its non-payment after the period specified shall ipso facto cause the dismissal of the case.

If the case is against a General Manager or other officers of an
Electric Cooperative, the complainant shall have the option to file the
complaint with the Board of Directors of said EC, whose decision is
subject to approval by NEA on automatic review, or directly with the
ADCOM. However, if the case is between the GM and the Board, the same
should be filed with the ADCOM.

A party having more than one
cause of action against the other party, arising out of the same
relationship, shall include all of them in one complaint or petition.

No anonymous complaint shall be entertained unless there is
obvious truth or merit to the allegations therein or supported by
documentary or direct evidence, in which case the person complained of
may be required to comment.

In all cases filed with the NEA-ADCOM, the party initiating the
action shall be called the “Complainant”, and the opposing party the
“Respondent”. The Complaint shall contain the following:

SECTION 2. ISSUANCE OF SUMMONS. Within two (2) days from
receipt of the complaint, the ADCOM Secretariat shall issue the required
summons, attaching thereto a copy of the complaint/petition and
supporting documents, if any. The summons, together with a copy of the
complaint, shall specify the date when to file an answer/comment.

SECTION 3. FILING AND SERVICE OF PLEADINGS. The filing
and service of pleadings, motions, notices, orders, judgments and other
papers shall be made either personally, by mail or through private
courier.

All pleadings shall be filed/submitted to the ADCOM Secretariat
in five (5) legible copies with proof of service to the adverse
party/ies, as the case may be.

The “Answer”, which is in writing and under oath, shall be
specific and shall contain material facts and applicable laws, if any,
including documentary evidence, sworn statement covering testimonies of
witnesses, if there be any, in support of his/her case. It shall also
include a statement indicating whether or not he elects a formal
investigation.

The Answer shall be submitted within an inextendible period of fifteen (15) from receipt of the summons with the complaint.

SECTION 4. PROHIBITED PLEADINGS AND MOTIONS. The following pleadings, motions shall not be allowed and shall not be acted upon in the Cases covered by these Rules:

SECTION 5. FAILURE TO ANSWER. If the respondent fails to
file his answer to the complaint within the reglementary period, he
shall be considered to have waived his right thereto and formal hearing
and investigation may commence.

SECTION 6. SERVICE OF NOTICES AND RESOLUTIONS. (a)
Notices or summonses and copies of orders, shall be served on the
parties or counsel to the case personally by the duly authorized public
officer within three (3) days from receipt thereof or by registered mail
or through fax transmittal; provided that in
special circumstances, service of summons may be effected in accordance
with the pertinent provisions of the Rules of Court: Provided, further,
That in cases of decisions and final awards, copies thereof shall be
served on both parties or their counsel/representative personally or by
registered mail; Provided, further, That in cases where a party
to a case or his counsel on record personally seeks service of the
decision upon inquiry thereon, service to said party shall be deemed
effected upon actual receipt thereof; Provided, finally, That
where parties are so numerous, service shall be made on counsel and upon
such number of complainants, as maybe practicable.

(b) The officer serving the notice, order, resolution or
decision shall submit his return within two (2) days from date of
service thereof, stating legibly in his return his name, the names of
the persons served and the date of receipt, which return shall be
immediately attached and shall form part of the records of the case, In
case of service by registered mail, the officer shall write in the
return, the names of persons served and the date of mailing of the
resolution or decision. If no service was effected, the service officer
shall state the reason therefore in the return.

SECTION 7. PROOF AND COMPLETENESS OF SERVICE. The return is prima facie proof
of the facts indicated therein. Service by registered mail is complete
upon receipt by the addressee or his agent; but if the addressee fails
to claim his mail from the post office within five (5) days from the
date of first notice of the postmaster, service shall take effect after
such time.

SECTION 8. APPEARANCES. An attorney appearing for a
party is presumed to be properly authorized for that purpose. However,
he shall be required to indicate in his pleadings his/her PTR and IBP
numbers for the current year, his roll of attorneys’ number and the details of his/her MCLE Compliance.

A non-lawyer may appear before the NEA – ADCOM or any Hearing Officer only if:

Appearances may be made orally or in writing. In both cases, the
complete name and office address of both parties shall be made on record
and the adverse party or his counsel/representative properly notified.

Any change in the address of counsel should be filed with the
ADCOM and furnished the adverse party or counsel. Any change or
withdrawal of counsel/ representative shall be made in accordance with
the Rules of Court.

RULE IV

VENUE, ASSIGNMENT AND DISPOSITION OF CASES

SECTION 1. VENUE. All cases which the ADCOM has authority to hear and recommend for decision shall be filed with the ADCOM Secretariat of NEA.

SECTION 2. RAFFLE AND ASSIGNMENT OF CASES. All
complaints received by the ADCOM Secretariat shall within a period of
seventy-two (72) hours from receipt thereof be raffled and assigned to
either teams of the ADCOM.

All pleadings subsequent to the filing of the complaint shall be forwarded to the ADCOM where the case is pending.

SECTION 3. CONSOLIDATION OF CASES/COMPLAINTS. Where
there are two or more cases/complaints pending before different ADCOM
Teams involving the same parties and common principal causes of action
or the same parties with different causes of action, the subsequent
cases/complaints may be consolidated with the first to avoid unnecessary
costs or delay. Such consolidated cases/complaints shall be acted upon
by the ADCOM to whom the first case was assigned.

In case of objection to the consolidation, the same shall be resolved by the ADCOM.

An order resolving the motion shall be inappealable.

SECTION 4. DISPOSITION OF CASES. When
a case is assigned to an ADCOM Team, the entire case and any or all
incidents thereto shall be considered assigned to such team; and the
same shall be heard and acted upon in accordance with these rules.

RULE V

PROCEEDINGS BEFORE THE NEA-ADCOM OR HEARING OFFICE

SECTION 1. MANDATORY CONCILIATION/ MEDIATION CONFERENCE.
Immediately upon receipt of the Answer, the ADCOM shall issue a Notice
of Mandatory Conciliation/Mediation Conference for the purpose of
amicably settling the case, determining the real parties in interest,
defining and simplifying the issues in the case, entering into
admissions or stipulations of facts and threshing out all other
preliminary matters.

The parties shall file with the ADCOM Secretariat and serve
on the adverse party, in such manner as shall ensure their receipt
thereof at least three (3) days before the date of the Conciliation and
Mediation Conference, their respective Preliminary Conference Brief
which shall contain, among others:

Failure to file the said Brief shall have the same effect as failure to appear at the Conciliation and Mediation proceedings.

Conciliation and mediation efforts shall be exerted by the ADCOM
all throughout the proceedings. Should the parties arrive at any
agreement as to the whole or any part of the dispute, the same shall be
reduced to writing and signed by the parties and their respective
counsel, or authorized representative, if any, before the ADCOM.

The compromise settlement shall be approved by the NEA
Administrator, upon the recommendation of the ADCOM after being
satisfied that it was voluntarily entered into by the parties and after
having explained to them the terms and consequences thereof.

A compromise agreement duly entered into in accordance with this
Section shall be final and binding upon the parties and the Order
approving it shall have the effect of a judgment rendered by the NEA
Board of Administrators. Should the parties fail to agree upon an
amicable settlement, either in whole or in part, during the
conference/s, the ADCOM shall issue an order stating therein the matters
taken up and agreed upon during the conference/s and directing the
parties to simultaneously file their respective verified position
papers.

The mandatory conferences shall, except for justifiable grounds,
be terminated within thirty (30) calendar days from the date of the
first conference.

No motion for postponement shall be entertained except on
meritorious grounds. Successive non-appearance of the complainant/s for
two (2) scheduled hearings for mediation/conciliation conference shall
be a ground for the dismissal of the case without prejudice.

In case of non-appearance of the respondent/s during the first
conference, a second conference shall proceed. Non-appearance of the
respondent during the second conference shall immediately terminate the
mandatory conciliation / mediation conference. The complainant shall
thereupon be allowed to file his position paper as well as submit
evidence in support of his cause or causes of action after which, the
NEA through ADCOM shall render its decision on the basis of the evidence
on record.

SECTION 2. INTERVENTION. (a) Who may intervene – A person
who has a legal interest on the matter in litigation, or in the success
of either of the parties, or an interest against both, may, with leave
of the ADCOM, be allowed to intervene in the action. The ADCOM shall
consider whether or not the intervention will unduly delay or prejudice
the adjudication of the rights of the original parties, and whether or
not the intervenor’s rights may be fully protected in a separate
proceeding.

(b) Time to intervene – The motion to intervene may be filed at
any time before rendition of judgment by the NEA Board of Administrators
or the NEA-ADCOM by authority of the latter. A copy of the pleading-
in-intervention shall be attached to the motion and served on the
original parties.

(c) Pleadings-in-intervention – The intervenor shall file a
complaint-inintervention if he asserts a claim against either-or all of
the original parties, or an answer-in-intervention if he unites with the
defending party in resisting a claim against the latter.

(d) Answer to complaint-in-intervention – The answer to the
complaint-inintervention shall be filed within ten (10) days from notice
of the order admitting the same, unless a different period is fixed by
the ADCOM.

SECTION 3. SUBMISSION OF POSITION PAPERS/MEMORANDA.
Without prejudice to the provisions of the last paragraph, Section 2 of
this Rule, the ADCOM shall direct the parties to simultaneously submit
their Position Papers, with supporting documents and affidavits, within
an inextendible fifteen (15) days from notice of termination of the mandatory conference.

These verified position papers to be submitted shall cover only
those claims and causes of action raised in the complaint excluding
those that may been amicably settled, and shall be accompanied by all
supporting documents including the affidavits of their respective
witnesses which shall take the place of the latter’s direct testimony.

The parties shall thereafter not be allowed to allege facts, or present
evidence to prove facts, not referred to and any cause of action not
included in the complaint or position papers, affidavits and other
documents.

SECTION 4. DETERMINATION OF NECESSITY OF HEARING. Immediately after the submission by the parties of their position papers, the ADCOM shall, motu proprio,
determine whether there is a need for a clarificatory hearing. At this
stage, the ADCOM may, at its discretion and for the purpose of making
such determination, ask clarificatory questions to further elicit facts
or information, including but not limited to the subpoena of relevant
documentary evidence, if any, from any party or witness.

SECTION 5. NATURE OF PROCEEDINGS. The proceedings before
the ADCOM shall be non-litigious in nature. Subject to the requirements
of due process, the technicalities of law and procedure and the rules
obtaining in the courts of law shall not strictly apply thereto. The
ADCOM may avail itself or himself/herself of all reasonable means to
ascertain the facts of the controversy speedily, including ocular
inspection and examination of well-informed persons.

SECTION 6. ROLE OF ADCOM IN PROCEEDINGS. The ADCOM shall
personally conduct the conferences/hearings. Except as provided by law,
the ADCOM shall determine the order of presentation of evidence by the
parties, subject to the requirement of due process. It shall take full
control of the proceedings, examine the parties and their witnesses to
satisfy itself with respect to the matters at issue, ask questions only
for the purpose of clarifying points of law or fact involved in the
case. It shall limit the presentation of evidence to matters relevant to
the issue before it and necessary for a just and speedy disposition of
the case.

SECTION 7. MINUTES OF THE PROCEEDINGS. The proceedings
before the ADCOM shall be recorded. However, it shall make a written
summary of the proceedings, including the substance of the evidence
presented.

SECTION 8. NON-APPEARANCE OF PARTIES, AND POSTPONEMENT OF HEARINGS.
(a) Non-appearance at a hearing by the complainant, who was duly
notified thereof, may be sufficient cause to dismiss the case without
prejudice. Where proper justification, however, is shown by proper
motion to warrant the re-opening of the case, the ADCOM shall call a
second hearing and continue the proceedings until the case is finally
decided, subject to the submission of Position Papers.
Dismissal of the case for the second time due to the unjustified
non-appearance of the complainant or petitioner who was duly notified
thereof shall be with prejudice.

(b) The parties and their counsel or representative appearing
before the ADCOM shall be prepared for continuous hearing. No
postponements or continuances of hearings shall be allowed by the ADCOM
except upon meritorious grounds and subject always to the requirement of
expeditious disposition of cases and the termination of hearings within
ninety (90) calendar days from the date of initial hearing.

SECTION 9. ISSUANCE OF AN ORDER SUBMITTING THE CASE FOR DECISION.
After the parties have submitted their position papers and supporting
documents, and upon evaluation of the case, the ADCOM finds no necessity
of further hearing, it shall issue an order expressly declaring the
submission of the case for decision.

SECTION 10. INHIBITION. Members of the ADCOM may
voluntarily inhibit from the resolution of a case and shall so state in
writing the legal justification/s therefore. Upon motion of a party,
either on the ground of relationship within the fourth civil degree of
consanguinity or affinity with the adverse party or counsel, or on
question of impartiality, the members of the ADCOM may inhibit from
further hearing the case. Such motion shall be resolved within five (5)
days from the filing thereof. An order denying or granting a motion for
inhibition is not appealable.

SECTION 11. PERIOD TO DECIDE CASE. The ADCOM shall
recommend decision for the approval of the NEA within thirty (30)
calendar days after the submission of the case by the parties for
decision, even in the absence of stenographic notes.

SECTION 12. CONTENTS OF DECISIONS. The decisions /orders
shall be clear and concise and shall include a brief statement of the
(a) facts of the case; (b) issue/s involved; (c) applicable law or
rules; (d) conclusions and the reasons therefore; and (e) specific administrative liability and its corresponding penalty, if any.

SECTION 13. SERVICE. Every order, ruling or decision made
by the NEA shall be served upon the parties or counsel affected thereby
within ten (10) days from the time said order, ruling or decision is
filed, by personal delivery, electronic mail, through facsimile or via
private courier upon the attorney of record or, in case there be no
attorney of record, upon the party interested; and in case a certified
copy is sent by registered mail, the registry mail receipt shall be “prima facie” evidence of the receipt of such order, ruling or, decision by the parties in due course of mail.

SECTION 14. EXECUTION OF DECISION. The Decision of the NEA shall be immediately executory.

No injunction or temporary restraining order shall be issued
against the implementation of any order, ruling or decision of the NEA,
except by the Court of Appeals, and only upon the posting of a bond
sufficient to cover the liabilities and expenditures arising during the
pendency of the writ or injunction or temporary restraining order: Provided, that the injunction shall only be effective for a period not exceeding sixty (60) days.

SECTION 15. CONTEMPT. As
a quasi-judicial agency, NEA is empowered to deputize local law
enforcement agencies to enforce or implement its orders or decisions,
with the power to cite for contempt any party or witness to any case
before it for contumacious conduct.

The pertinent provisions on Contempt under Rule 71 of the 1997
Rules of Civil Procedure suppletory apply hereto and are adopted herein
pursuant to Section 12, Rule 71 of the said 1997 Rules of Civil
Procedure.

RULE VI
REMEDIES

SECTION 1. MOTIONS FOR RECONSIDERATION. Any interested
party may request the reconsideration of any order, ruling, or decision
of the NEA Board of Administrators by means of a motion filed not later
than fifteen (15) days from receipt of notice of the order, ruling, or
decision in question. The grounds in which request for reconsideration
is based shall clearly and specifically be stated in the petition.
Copies of the said petition shall be served on all parties interested on
the matter.

The filing of a motion for reconsideration shall not be a ground
for the non-implementation of the Decision or Order sought to be
reconsidered.

SECTION 2. GROUND FOR MOTION FOR RECONSIDERATION. The Motion for Reconsideration shall be based on any of the following:

SECTION 3. REVIVAL/RE-OPENING OR RE-FILING OF DISMISSED CASE. A
party may file a motion to revive or re-open a case dismissed without
prejudice, within thirty (30) calendar days from receipt of notice of
the order dismissing the same.

RULE VII
OFFENSES AND PENALTIES

SECTION 1. OFFENSES. The following are the offenses and their respective penalties.

Offenses	1st Offenses	2nd Offenses	3rd Offenses
(a) GRAVE OFFENSES
(1) Grave Misconduct (work-related)	Removal
(2) Gross Neglect	Removal
(3) Conviction of a crime involving moral turpitude	Removal
(4) Falsification of official documents	Removal
(5) Dishonesty	Removal
(b) LESS GRAVE OFFENSES
(1) Gross Incompetence in the Performance of official Duties	Suspension 31-90 days	Removal 91-120 days	Removal
(2) Refusal to perform Official duty	Suspension 31-90 days	Removal
(3) Gross insubordination	Suspension 31-90 days	Removal
(4) Conduct prejudicial to the interest of the Electric cooperative and Member-consumers	Suspension 31-90 days	Removal
(5) Wilful Violation/non-Compliance to NEA issuances, memoranda and other rules and regulations	Suspension 31-90 days
(c) LIGHT OFFENSES
(1) Simple neglect of duty	Suspension 1-30 days	Suspension 31-90 days	Removal
(2) Simple misconduct	Suspension 1-30 days	Suspension 31-90 days	Removal
(3) Insubordination	Suspension 1-30 days	Suspension 31-90 days	Removal
(d) The penalty of fine may be imposed instead of suspension from 1 – 30 days, payable to NEA.
(e) The penalties imposed may include refund or payment of any amount of money misappropriated from the Electric Cooperative.

SECTION 2. DISABILITIES/ACCESSORIES TO ADMINISTRATIVE PENALTIES.

SECTION 3. ADMINISTRATIVE DISABILITIES INHERENT IN CERTAIN PENALTIES.

RULE VIII
MISCELLANEOUS PROVISIONS

SECTION 1. EFFECT OF PENDENCY OF PETITION FOR REVIEW/ CERTIORARI WITH THE COURT. The
filing and pendency of a petition for review with the Court of Appeals
or certiorari with the Supreme Court shall not stop the execution of the
final decision of the NEA unless the Court issues a restraining order
or an injunction.

SECTION 2. COMPUTATION OF PERIOD. In computing any period of
time prescribed by these Rules, the first day shall be excluded and the
last day included unless it be a Saturday, a Sunday or a Legal holiday,
in which case the period shall run until the end of the next working day
which is neither Saturday, or Sunday nor a Legal holiday.

SECTION 3. FILING FEE. The filing fee for a Complaint or
Petition shall be Five Thousand Pesos (P5,000.00)subject to revision
from time to time when the need arises. Such fee shall be paid at the
Cashier of the NEA.

SECTION 4. REPEALING CLAUSE. All other office Memoranda,
Memorandum Circulars, Rules or Regulations inconsistent with these Rules
are hereby repealed or modified accordingly.

SECTION 5. EFFECTIVITY. These Rules shall take effect fifteen
(15) days from date of publication in official gazette or a newspaper of
general circulation, and after submission of three (3) certified copies
of these Rules and Regulations to the office of the National
Administrative Registry at the University of the Philippines Law Center.

(SGD) JOSE RAYMUND A. ACOL Alternate of the Chairman
(SGD) WILFRED L. BILLENA Member	(SGD) JOSE VICTOR E. LOBRIGO Member
(SGD) JOSEPH D. KHONGHUN Member	(SGD) EDITA S. BUENO Member