SC reinstates NEA-dismissed Abra power coop manager

May 23, 2022 JUST IN

BAGUIO CITY (May 23, 2022)— The High Tribunal has reinstated Abra Electric Cooperative (Abreco) general manager Loreto Seares Jr., dismissed in 2018 by the National Electrification Administration (NEA) Board on supposed various administrative infractions.
The High Court ruled in favor of Seares Jr. citing the latter’s convincing arguments against the NEA Board’s imputations of administrative culpability for grave misconduct, dishonesty, gross incompetence, and gross negligence and gross neglect of duty that led to the degeneration of the power distribution facility.
Seares Jr. elevated the case to the Court of Appeals but received an unfavorable ruling on June 15, 2020, prompting him to seek the Supreme Court which overturned the CA in his favor.
The High Tribunal said, “…., NEA failed to prove by substantial evidence petitioner’s supposed administrative culpabilities… Verily, there is no factual ·or legal basis for petitioner’s removal from office as General Manager of Abreco.”
In one part of the decision, the SC said:…”What we see here was a general manager who exhausted all possible ways and means to rehabilitate Abreco’s dwindling financial situation.
Had he not secured the loans in question, Abreco’s operation and power supply would have been totally shut down; and the entire province of Abra literally would have lived in total darkness for an undetermined length of time.  Then death and chaos in hospitals, stoppage of food production and distribution, stoppage of work, and criminals freely roaming around or waiting to pounce on their victims in the dark alleys of Abra would have also happened.” It further added, “Evidently, contracting the loans in question was a necessary judgment call for petitioner. Ironically, it was NEA’s refusal to extend financial assistance to AbreCo which forced petitioner “to clutch the blade of a knife” so to speak just so he could save (the electric cooperative) and its consumers from imminent closure and living a life in a ghost like town.”
Aside from immediate reinstatement as Abreco General Manager, Seares Jr. will receive full back salaries and benefits and without loss of seniority rights,  the Supreme Court ordered.
in jubilation the reinstated Abreco general maager said, “I owe it to God’s grace and mercy.  This is a victory of justice and that of all the member-consumers of Abreco.”  But despite this victory, he vowed, “I still respect NEA’s supervisory power and control over Abreco.”
Artemio A. Dumlao