Yt Framework

“Atty. Kim Elago has the right to study the by-laws of Zamcelco, but should interpret the law correctly.”
Thus, the reaction of Zamcelco board vice president Elbert “Bong” Atilano upon learning that Elago filed an injunction case with the Regional Trial Court against the management and board of the cooperative seeking to stop the Annual General Membership Assembly (AGMA) scheduled this Sunday.

Atilano said under Article 3, Section 1, it emphasizes that the annual assembly of the general membership shall be held on the third Sunday of June at such place within the service area of the cooperative as selected by the board and which shall be designated in the notice of meeting.

Elago petitioned the court for a Temporary Restraining Order asking to stop the AGMA because the conduct of the general assembly meeting in three separate places violates the by-laws of the cooperative since members will not have the chance to interpolate, interrupt and butt-in during the discussion.

“If the meeting will be held in three separate places, it is still within the bounds of the by-laws because Putik, Cabaluay and Ayala are located within the service area of Zamcelco and the area will be selected by the board and in this case, we, members of the board have selected the three barangays.

The by-laws specify that the board will select the areas and not Elago since he is not a member of the board,” Atilano countered.
Atilano continued that the coop rules also disclosed the responsibility of the board to make adequate plans for the annual meeting.    

Elago’s petition with the court also questioned the mode of announcing the meeting to the public through the use of newspapers saying it is not viable as this is not going to reach all the consumer members.

He said the invitation should be sent by mail or given personally so that every member will be well informed.
The Zamcelco board vice president argued that the by-laws clearly say it is practical and necessary to avail the services of broadcast media of which they did.

Atilano said the AGMA now lies in the hands of Elago because if the court will rule in his favor stopping the scheduled Sunday general meeting of the 130,000 electric consumers, ”he should answer to the people.”

According to Atilano, member consumers have expressed elation that the AGMA will be held in three places because it will decongest the Putik venue. “Members who are from the west coast should go to Ayala and those who are from the east coast should go to Cabaluay and not to Putik, thus saving money for their fares.”

He said even if the meeting will be held in three venues, but with the use of modern equipment like radio, telephone and tele-conferencing, everyone will be updated on the business of the meeting.

“Elago’s petition naming the respondents as Zamcelco is also incorrect since he is a member of Zamcelco. There are three parts of Zamcelco, 1) consumers, 2) board and management and 3) employees. He should have put the names of the respondents instead of using Zamcelco only,” Atilano advised.

Atilano said the management and board of Zamcelco are two separate entities wherein the board scrutinizes the management on how it is conducting the operations and implementation of projects. “This is good because we have check and balance in the coop.”

“One of the things I would like to bring in that AGMA is the implementation of projects by the management of Zamcelco specifically the energization of sitios and farthest barangays of the city, which was already approved by the board but are still unimplemented,” Atilano said.

He expressed optimism the AGMA will push through as planned and is expecting at least 4,000 member consumers from both districts to participate in the general membership gathering.

by: Nonong Santiago