REPUBLIC OF THE PHILIPPINES

NATIONAL ELECTRIFICATION AUTHORITY

THE ADMINISTRATIVE COMMITTEE

UHLAN G. CALASANG, ADRIAN

DEO A. DALMAN, EDUARDO B.
CASTOR, ANDREWLITO P.
ORILLOZA,

Complainants,

-versus- NEA ADM. CASE NO. 15-11-20

MARIVIC ELUMBARING et al.,

Respondents.

x------------------------------------------------------------------------------------------------------------------
x

PRELIMINARY CONFERENCE BRIEF

Complainants UHLAN G. CALASANG, DANELITO O. CASTRO,

ADRIAN DEO A. DALMAN, EDUARDO B. CASTOR and ANDREWLITO
P. ORILLOZA,1 by counsel, respectfully state:

POSSIBILITY OF AMICABLE SETTLEMENT

The Complainant Boards Members respectfully iterate their
unwillingness to enter into an amicable settlement with Respondents, as
manifested before this Honorable Office during the Preliminary Conference
on 27 April 2021.

PROPOSED STIPULATION OF FACTS

1
Henceforth, “Complainant Board Members.”
 2

The Complainant Board Members propose the following stipulation

of facts: xxx

ISSUE FOR RESOLUTION

I. Whether or not the Respondents violated Section

5.3.h of Policy Bulletin No. 3-11B and NEA Bulletin 39 in
allowing cash advances that are chargeable to per diem
despite knowledge that such practice is prohibited; and
II. Whether or not the Respondents committed serious
misconduct and willful breach of trust against the then
incumbent Board Members and the ZANECO members
consumers owners, in violation of pars A and C of Art 282
of the Labor Code.

WITNESSES

Complainant Board Members will present the following as witnesses:

1. Uhlan G. Calasang2

Dir. Calasang will be presented as witness to prove that: a) his

request to claim travel allowances was approved by Respondents; b)
Respondents continued to release cash advances chargeable to per diem
even after information from NEA that the practice was prohibited; c)
Respondents are still employees of ZANECO; d) Ms. Elumbaring is the
subject of a number of disciplinary cases and internal investigations; and e)

EXHIBIT DOCUMENT PURPOSE

2
Henceforth, “Dir. Calasang.”
Preliminary Conference Brief
Calasang et al. v. Elumbaring et al.
NEA ADM. CASE NO. 15-11-20
 3

Revised Code of 1) To prove that ZANECO has an

A Ethical Standards for internal set of rules; and 2) that the
ZANECO Employees Respondents violated the same.
Check Voucher To prove that 1) The Respondents
addressed to Dir. were still part of continuing the
Dalman dated 19 prohibited scheme beyond the NEA
January 2018 Audit Findings dated January 2018; 2)
B
Ms. Elumbaring still released the cash
for the cash advances; and 3) Ms.
Laput still “audited” the check
voucher despite the prohibition.
Ms. Elumbaring’s
Signature above the
B-1
title “Finance
Manager
B-2
Check Voucher
addressed to Dir.
C
Dalman dated 10
April 2018
Check Voucher
addressed to Dir.
D
Dalman dated 24
May 2018
Check Voucher
addressed to Dir.
E
Dalman dated 31 July
2018
F Section of the
Financial Operations
Audit Report dated
Preliminary Conference Brief
Calasang et al. v. Elumbaring et al.
NEA ADM. CASE NO. 15-11-20
 4

January 2018
Section of the
Financial Operations
G
Audit Report dated
April 2018
Section of the
Financial Operations
H
Audit Report dated
May 2018
Letter dated 17 March
2020 addressed to
I Vicar Loureen G.
Lofranco from
Danelito O. Castro
Minutes of the
Committee Meeting
of the Board of
J
Directors of
ZANECO held on 8
November 2019
Notice to Explain
with Invitation to
Attend
M Administrative
Conference
addressed to Ms.
Elumbaring
N Letter Reply dated 19
August 2020 written
by Ms. Elumbaring to
the Notice of
Preliminary Conference Brief
Calasang et al. v. Elumbaring et al.
NEA ADM. CASE NO. 15-11-20
 5

Explanation she
received
O
P
other related matters.

1. Adrian Deo A. Dalman3

Dir. Dalman will be presented as witness to prove that: a) his request

to claim cash advance was in relation to his own incentives not within the
purview of NEA’s prohibition on cash advances chargeable to per diem; b)
Respondents continued to release cash advances chargeable to per diem
even after information from NEA that the practice was prohibited; c)
Respondents are still employees of ZANECO; d) Ms. Elumbaring was
invited by the Board to a Committee Meeting on 7 November 2019 and
Committee Hearing on 12 November 2019, but she did not attend both; e)
Ms. Elumbaring is the subject of a number of disciplinary cases and
internal investigations; and f) other related matters.

The Complainant Board Members respectfully reserve the right to

present other witnesses as may be necessary in the course of the
proceedings.

DOCUMENTARY EXHIBITS

The Complainant Board Members reserve the right to present such

other documents as may be necessary in the course of the proceedings.

DECISION BASED ON POSITION PAPERS

3
Henceforth, “Dir. Dalman.”
Preliminary Conference Brief
Calasang et al. v. Elumbaring et al.
NEA ADM. CASE NO. 15-11-20
 6

The Complainant Board Members are willing to submit the case for
decision on the basis of the parties’ respective Position Papers, with
attached supporting documents and affidavits of witnesses.

Respectfully submitted.

Quezon City, __ May 2021.

DE LEON AREVALO GONZALES

Counsel for the Complainant Board Members
Suite 303 Pacific Century Tower
1472 Quezon Avenue, 1103 Quezon City
(632) 8426-1837; counsel@dargonlawfirm.com

By:

Preliminary Conference Brief

Calasang et al. v. Elumbaring et al.
NEA ADM. CASE NO. 15-11-20