Court restrains JVA plebiscite on July 1

By Dolly Yasa

The private firm that is offering a joint venture agreement (JVA) with Central Negros Cooperative (Ceneco) said it will comply with the order of the Regional Trial Court in Bacolod City to ensure the smooth conduct of the plebiscite on the matter.

Primelectric Holdings, Inc. issued the statement after RTC Branch 42 Judge Maria Lina P. Gonzaga issued a 72-hour temporary restraining order (TRO) against the plebiscite scheduled on July 1, 2023.

The TRO is an offshoot of the case filed by a group opposing Ceneco’s JVA with Primelectric of businessman Enrique Razon.

The anti-JVA group asked the court to nullify the JVA signed by Ceneco and Primelectric last June 3, 2023, in Bacolod City.

Under the agreement, Primelectric, through its subsidiary Negros Electric and Power Corp. (NEPC), will buy Ceneco’s assets and upgrade its distribution system.

The group initially asked for a TRO while the petition is being heard, but the RTC denied it after the petitioners failed to inform Ceneco and Primelectric of the case before it was raffled.

The petitioners filed a motion for reconsideration and the court granted the 72-hour TRO effective Thursday.

Among the issues raised by the anti-JVA group is the alleged lack of massive information, education, and communication (IEC) campaigns on the joint venture.

The RTC recognized this point and ordered the parties involved “to submit their respective evidence on the compliance to the legal requirements of massive information education and communication (IEC) campaign in the district levels within the electric cooperatives’ coverage area.”

“The Central Negros Cooperative (CENECO) is directed to submit the necessary evidence relative to the required massive information dissemination campaign which they claim was complied with, which activities should have been done prior to the signing of the Joint Venture Agreement (JVA),” the court order added.

The petitioners were also directed “to include the National Electrification Administration (NEA) in their petition as this is the agency which has administrative supervision over electric cooperatives.”

In a statement, Primelectric said it will follow the court’s orders.

“We, Primelectric together with Ceneco will submit proof of IECs within 72 hours and hope that the honorable judge will lift the TRO,” the firm said.

The first round of the plebiscite was held on June 24 and 25 with 27,741 Ceneco member-consumers casting their ballots.

Based on data from the overall plebiscite committee, 21,674 voted yes for the JVA while 6,067 voted against the agreement.

With 192,188 member-consumers considered as eligible voters, the voting turnout for the first two days of polling was 14.4 percent.

The next round was supposed to be on July 1 and 2, but with the TRO, the voting will resume on the latter date unless the RTC extends the TRO or issues an injunction that could be imposed for a longer time.

Primelectric led by billionaire Enrique Razon is the umbrella company of Negros Electric and Power Corp. (NEPC), which will acquire and take over Ceneco assets if consumers ratify the JVA.

NEPC is a sister of MORE Power, the power distributor in Iloilo City.