Sunday, October 23, 2011

Coop bloc party listers want electric coops to hold referedum to determine ownership of P55-billion member-consumers capital contributions

By Mike Baños


The cooperative bloc of party list representatives in the Lower House has asked the Department of Energy to compel rural electric cooperatives (RECs) to call a referendum among their members to determine if they wish to become real cooperatives and register with the Cooperative Development Authority (CDA) with their consumers as equity owners.

“We are asking DOE and the National Electrification Administration (NEA) to require all rural electric cooperatives under their supervision to call a referendum among their member-consumers for this purpose as provided by law,” said Rep. Isidro Q. Lico (ATING-KOOP party list) at a program and subsequent press conference Sunday to launch the Cooperative Month celebration in this city and Northern Mindanao (Region X).

Ating Koop Party List Rep. Isidro Q. Lico speaks during the Oct. 2 launching program of Coop Month in Region X.

The cooperative block of party list groups – Coop-NATCCO, Agricultural Sector Alliance of the Philippines, Inc. (AGAP), BUTIL Farmers’ Party, 1st Consumers Alliance for Rural Energy Partylist (1-CARE)); 1- United Transport Koalisyon / 1-UTAK and Adhikaing Tinataguyod ng Kooperatiba (ATING-KOOP) represent marginalized sectors of society which comprise the majority of the country’s population. Eight party list representatives and at least 20 other congressmen have declared their support for the initiative, Mr. Lico added.

However, he clarified that the coop bloc is not pressuring RECs to become "true cooperatives” but merely asking them to comply with the law by being transparent about the status of their members capital contributions. Crucial to the question of ownership are the rural electric cooperatives current manner of booking members’ capital contributions for capital expenditures (Capex) in their books.

Instead of declaring members’ payments for such, most rural electric coops are booking these amounts as "donated capital accounts’ which is illegal,” Mr. Lico said.

The By-Laws of cooperatives under PD 269 define members as “joint-owners” of cooperatives with “equity in the assets” determined according to patronage. Upon registration with CDA, all members’ equity are computed as “share capital” covered by a Certificate of Share Capital specifying their respective amounts of investments and entitling them to dividends, interest and other benefits from net surplus. The coop bloc estimates equity contributions from some five million members to RECs now total around P55-billion.

Of the country’s present crop of 119 rural electric cooperatives, only 14 have so far registered with the CDA and complied with the law by registering their members’ equity contributions as capital and issuing stock certificates denoting ownership.

These include Negros Occidental Electric Coop.; Palawan Electric Coop; San Jose Electric Coop; Quirino Electric Coop; Pangasinan Electric Coops I and III; Isabela Electric Coop; Sorsogon Electric Coop; Nueva Vizcaya Electric Coop; Negros Oriental II Electric Coop; Abra Electric Coop and Agusan del Norte Electric Cooperative.

Member-consumers of RECs registered with the CDA are entitled to patronage refund and interest on share capital when a net surplus is realized. Mr. Lico cited the case of a member-consumer in Palawan where a single member-consumer received P60, 000 as his dividends for the energy consumption of his business from PALECO.

Mr. Lico said despite investing in the coops, member-consumers of many RECs have neither been receiving their share of the profits due them as shareholders nor been informed on the status of their equity contributions as coop member/consumers.

Unless the DOE and NEA compel rural electric cooperatives to disclose the true status of members equity contributions, Mr. Lico said the coop bloc of party-list congressmen and their allies in the Lower House would ask the Appropriations Committee to sit on the budgets of DOE and NEA  until coops are compelled to comply with this requirement.

Earlier this year, the Agusan del Norte Electric Cooperative (ANECO) opted to become the first Mindanao-based REC to register with the CDA, breaching the 20% membership threshold needed to qualify in a referendum last June 26 when 31, 000 or 28% of its 110,000 member-consumers voted affirmatively for CDA registration.

As such, it has since become eligible for tax exemptions and its member-consumers entitled to dividends and other benefits such as patronage refunds as a CDA-registered coop while keeping its eligibility for congressional allocations, grants, subsidies and other assistance as a rural electric service cooperative.

Many of the 14 RECs registered with the CDA have already managed to turn a profit since they are now exempt from payment of corporate tax franchise tax, business tax, real property tax and other taxes resulting in lower distribution rates.

In a news report, Luis Manuel C. Corral, secretary general of the  Association of Philippine Electric Cooperatives (APEC) party list said the reduction in the cost of power delivered by CDA registered RECs are lower by 25 to 40 centavos per kilowatt hour (kWh) due to their tax exemptions from  E-VAT and other local taxes .

Under Section 4 Article 132 of Republic Act 9520 or The New Cooperative Code of the Philippines, CDA registered RECs are also entitled to congressional allocations, grants, subsidies and other financial assistance for rural electrification coursed through the DOE, CDA or LGUs as well as to borrow directly from local banks on flexible terms.

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