Baguio Council marks NEA Official as ‘PERSONA NON GRATA’
The local legislative body, in a resolution approved during last Monday’s regular session, declared Atty. Omar Mayo as persona non grata in the City of Baguio.
Mayo was appointed by the National Electrification Administration (NEA) as the project supervisor for Benguet Electric Cooperative (BENECO) to resolve the ongoing leadership impasse between Atty. Marie Rafael and Engr. Melchor Licoben and to “fix organizational management issues and concerns.”
A preventive suspension order was issued by Mayo against Licoben and the seven members of BENECO Board of Directors for having defied NEA-BOA Resolution 2021-71 which appointed Rafael as BENECO’s general manager.
Mayo’s group, with the help of 24 armed personnel from the Regional Mobile Force Battalion (RMFB) and 44 from BCPO, took over the BENECO headquarters at South Drive in the wee hours of October 18, 2021. This earned the ire of the electric cooperative’s employees as well as the residents and officials in the city and nearby localities.
On October 20, 2021, BENECO employees and Member-Consumer-Owners (MCOs) gained control of the operations, evicting the individuals installed by NEA from the BENECO compound.
Councilor Michael Lawana made the motion for the approval of the said resolution with seven other council members voting for it, three against it, and one choosing to abstain.
Lawana insisted that Mayo failed to perform his duty as the NEA-sent problem solver.
“He did nothing to improve the current situation. During his stay here, there hasn’t been any development as far as the issue on the management of BENECO is concerned. Perhaps NEA can send another person who has the capacity to resolve the conflict between the two parties,” Lawana said.
Meanwhile, Councilor Arthur Allad-iw believed that Mayo’s actions were biased in favor of Rafael.
Allad-iw questioned Mayo’s move to issue and enforce the said preventive suspension order.
“Mayo knew there was a petition filed before the Court of Appeals. This has not yet been decided upon by the Court. So he could not issue a preventive suspension order,” he stated.
He also pointed out the recommendation of the House Resolution that a status quo on retaining the current BENECO Officer-in-Charge be retained until all the issues on the selection of the general manager has been resolved.
Aside from Lawana and Allad-iw, the other council members who voted for the passage of the resolution were Councilors Betty Lourdes Tabanda, Mylen Yaranon, Elaine Sembrano, Leah Farinas, Levy Lloyd Orcales, and Isabelo Cosalan Jr.
Councilors Fred Bagbagen, Benny Bomogao, and Joel Alangsab objected to the resolution, arguing that Mayo should not take the brunt as he was “authorized by the government agency he works for” and he was “only performing his duties.”
“This is not yet the time for us to declare him as persona non grata. We have to await the decision of the Court of Appeals,” Alangsab added.
Asked to explain his abstention, Councilor Cayabas said, “While I disagree with the appointment of Atty. Mayo as a project supervisor for the reason that he is unfit for the position, I do not support the idea of declaring him as persona non grata.”
𝘗𝘕𝘗 𝘳𝘦𝘣𝘶𝘬𝘦𝘥
The majority of the council members also voted in favor of a resolution urging the PNP to strictly adhere to Rule 28 of the PNP Handbook which states that the police can only enforce final decisions or orders of the court and quasi-judicial and administrative bodies.
Allad-iw pointed out that no final orders on the matter should have been given on the matter.
Through NEA Board Resolution 2021-106, the PNP was deputized to help enforce the preventive suspension order against Licoben and the seven BENECO BOD members.
Baguio City Police Office (BCPO) Chief Glenn Lonogan and Mayo argued that it was a legitimate operation that was carried out to fulfill the order of the NEA Board of Administrators.
According to Lonogan, the PNP legal officer said the operation was deemed legal as there was no temporary restraining order (TRO) issued by the court.
The BCPO chief likewise denied the claim that the operation was done by force, asserting that the personnel had been instructed to refrain from forcing their way into the premises. He also insisted that the armed personnel did not enter the building.
Tabanda, however, said videos taken during the incident showed otherwise.
She also mentioned that Rafael, in her letter to Usec Emmanuel Juaneza dated October 2, 2021, requested the deputization of the PNP whose power may include “bodily dragging the respondents or bringing them out from the headquarters should they refuse to comply with the order.”
Lonogan and Mayo denied having knowledge about the said communication letter.
Lonogan said the execution of the order was done before sunrise to avoid any possible untoward confrontation with the supporters of Licoben.
“You were used to implement an order in the early morning when everybody was asleep. That’s why people were enraged,” Tabanda exclaimed.
The two resolutions were transmitted to the office of Mayor Benjamin Magalong for signing. –Jordan G. Habbiling
