David Aguila vs Melecio Genato

on November 26, 2012

103 SCRA 380 Law on Public Officers No Vested Right to a Public Office Continuing Eligibility
Dominador Borje was an elected member of the Board of Directors of the Misamis Occidental Electric Cooperative, Inc. (MOELC). While still serving as a director for MOELC, he ran for an elective position to the Sangguniang Bayan of Ozamiz City. Therafter, David Aguila of the National Electrification Administration issued a memorandum which states that all officials and employees of electric cooperatives who run for public office, win and assume office, shall be considered resigned. Borje won in the elections. The other directors of MOELC then sought to enforce the memorandum against Borje. Borje filed a petition in court questioning said memorandum. Borje claimed that the memorandum is not applicable to him because when he assumed the Directorship in MOELC he was already qualified and so he must be allowed to continue holding office. Judge Genato agreed with Borje and so he issued a TRO against MOELC from considering Borje as resigned. ISSUE: Whether or not the ruling is correct. HELD: No. The court has no jurisdiction over the said matter. PD 269 which created NEA provides that electric cooperatives (like MOELC) have the right to prescribe qualifications of its directors and their manner of election and removal. MOELC has to comply with the memorandum of NEA, a superior office under which MOELC is being administered. Further still, Borje has not shown that he has an explicit right to continue holding the Directorship. Further, Borje being considered resigned by reason of his election to the Sanggunian is not merely grounded on the NEA memorandum. It is also grounded on PD 269 which provides that elective officials are ineligible to become officers and/or directors of any cooperatives except if such elective position is no higher than a barangay captain. There is no merit to Borjes contention that since he was originally qualified he shall be allowed to continue his unexpired term in MOELC. Eligibility to an office should be construed as of a continuing nature and must exist at the commencement of the term and during occupancy of the office. Borje ceased to be qualified and so he must be resigned from MOELC.