Theodore M.

Gonzalo Jr
SOL 1-C

NATIONAL ELECTRIFICATION ADMINISTRATION vs. VICTORIANO B. GONZAGA

GR No. 158761
December 4, 2007

Facts:
Victoriano B. Gonzaga, the respondent, filed his Certificate of Candidacy for membership in the Board of
Directors of Zamboanga del sur II Electric cooperative, inc., district II (ZAMSURECO) on November 13,
2000. But was later disqualified by the screening committee because his spouse was an incumbent
member of the Sangguniang Bayan of Diplahan, Zamboanga del Sur. In the petitioners defense a
candidate whose spouse occupies a position higher than a Barangay Captain is prohibited to run as
director of an electric cooperative. A week later on November 21, 2000 the respondent filed a Petition
for Prohibition and Damages but in response ZAMSURECO filed a motion to Dismiss and Answer on
November 24, 2000 but which the RTC later denied. The respondent claimed that the ECEC was void
because it had not been published.

Issue:
Is the Electric Cooperative Election Code void for not publishing?

Ruling:
Yes, The Supreme Court indicated that the Electric Cooperative Election Code was void for not following
the publication requirement. ZAMSURECO did comply with the requirements of filing the code with
University of the Philippines Law Center, but not with the Official Gazette. As stated in Article 2 of the
Civil Code “Laws shall take effect after fifteen days following the completion of their publication in the
Official Gazette, unless it is otherwise provided…” to which the ECEC did not comply with.