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  • 19 Kilusang Bayan V Dominguez

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    Maria Victoria Dela Torre
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    1) The petitioner questioned an order by the Secretary of Agriculture that took over management of the petitioner organization, created a new management committee, disbanded the board of directors, and transferred all assets to the Department of Agriculture. 2) The issue was whether the Secretary had the power to issue such an order. 3) The court held that the Secretary did not have this power, as removal of board members requires a vote by the membership, and the board was not given due process before being removed.

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    19 Kilusang Bayan v Dominguez

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    1) The petitioner questioned an order by the Secretary of Agriculture that took over management of the petitioner organization, created a new management committee, disbanded the board of directors, and transferred all assets to the Department of Agriculture. 2) The issue was whether the Secretary had the power to issue such an order. 3) The court held that the Secretary did not have this power, as removal of board members requires a vote by the membership, and the board was not given due process before being removed.

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    © All Rights Reserved
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    21 views1 page

    19 Kilusang Bayan V Dominguez

    Uploaded by

    Maria Victoria Dela Torre
    1) The petitioner questioned an order by the Secretary of Agriculture that took over management of the petitioner organization, created a new management committee, disbanded the board of directors, and transferred all assets to the Department of Agriculture. 2) The issue was whether the Secretary had the power to issue such an order. 3) The court held that the Secretary did not have this power, as removal of board members requires a vote by the membership, and the board was not given due process before being removed.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 1

    II.

    Kilusang Bayan sa Paglilingkod ng mga Magtitinda ng Bagong Pamilihang


    Bayan ng Muntinlupa vs. Domiguez
    G.R. No. 85439; January 13, 1992
    Davide, Jr., J

    Facts:
    Petitioner questioned the validity of then Agriculture Secretary Domiguez which ordered 1.
    take-over by the Department of Agriculture of the management of the petitioner 2. Creation of a
    management committee which shall assume management of KBMBPM, 3. Disbandment of board of
    directors and 4. Turn over of all assets, properties and records of the management.
    The order is based on the petition of the general membership requesting the Department to
    assist the removal of BOD which are not elected by the members.

    Issue:
    Whether or not the Secretary of Agriculture has the power to issue the order

    Held:
    An elected officer, director and committee member may be removed by vote of majority of the
    members entitled to vote in an annual or special general assembly.
    There is a procedure for the removal of BOD however the right to due process cannot be taken
    away and the BOD should be given the right to be heard. This procedure was not followed by the
    respondent Sec. of Agriculture who arrogated the power of the members to remove its BOD unto
    himself. An administrative officer has only such power if expressly granted by law or if necessarily
    implied in the exercise thereof. This power should not be extended by implication beyond what may be
    necessary for reasonable and just execution.

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