NEA retains jurisdiction over electric coops, says lawyer

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ALICIA, Isabela — The National Electrification Administration (NEA) retained the power of supervision and regulation over electric cooperatives, and is recognized by the Cooperative Development Authority (CDA), a co-equal government agency.

NEA deputy administrator Atty. Omar Mayo made the statement on Wednesday, stressing that the CDA board publicly recognized NEA's authority over electric cooperatives by virtue of Presidential Decree 269 as amended by Republic Act (RA) 10531, also known as the National Electrification Administration Reform Act of 2013.

"Insofar as the NEA-registered cooperatives, there is no question about that. Even the CDA has recognized our supervisory authority. The question is, is there a concurrent jurisdiction? The CDA itself has already issued a statement, recognizing the rule of law, recognizing the jurisprudence," said Mayo.

Mayo said that CDA's recognition of NEA is anchored both in "law and jurisprudence."

Section 18 of RA 10531 expressly repealed Article 132(3) of Republic Act 9520 or the Philippine Cooperative Code of 2008, stating that NEA has no longer regulatory and supervisory powers over CDA-registered cooperatives.

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"Such express repeal means that such power of the NEA is reinstated or retained," explained Mayo.

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