Case Digest (G.R. No. 81816)
Facts:
Natividad Q. Salomon v. National Electrification Administration, G.R. No. 81816, January 26, 1989, the Supreme Court Second Division, Paras, J., writing for the Court.
The petitioner is Natividad Q. Salomon; respondents are the National Electrification Administration (NEA) represented by Administrator Rodrigo Cabrera (then Deputy Administrator acting in some communications), La Union Electric Cooperative, Inc. (LUELCO) represented by several directors including Eduardo P. Marzan, and the Office of the President represented by Acting Deputy Executive Secretary Samilo M. Barlongay. Petitioner sought, among other remedies, reinstatement as Director for District II of LUELCO and thus filed a petition for certiorari before the Court to assail NEA’s ruling dated May 7, 1987 and the Office of the President’s sustaining letter of January 21, 1988.
On July 20, 1986 petitioner was elected Director of District II of LUELCO (the parties dispute whether the term expired April 1988 or April 1989). Eduardo P. Marzan, who received the second highest votes, filed an election protest with NEA; NEA found that petitioner was not a bona fide member of LUELCO at the time of her election and sustained the protest against her. Petitioner filed a letter-appeal/motion for reconsideration dated February 25, 1987.
While that appeal was pending, on February 27, 1987 petitioner—then Barangay Captain of Natividad (Poblacion), Naguilian, La Union—was appointed by the Minister of Local Government, Jaime N. Ferrer, as member of the Sangguniang Panlalawigan of La Union representing barangay officials; she took her oath on March 18, 1987 and assumed duties. In April 1987 NEA, through Deputy Administrator Rodrigo Cabrera, ruled that petitioner’s designation to the Sangguniang Panlalawigan disqualified her from remaining a LUELCO director and that the LUELCO board could fill the vacancy for the unexpired term. NEA’s ruling relied on Section 21 of Presidential Decree No. 269 and LUELCO’s by‑laws (Article IV, Section 3(c)) which disqualify elective government officers above the barangay captain from becoming or remaining cooperative directors.
Pursuant to NEA’s radio message that the appeal had become moot and academic, the LUELCO Board passed Resolution No. 15‑04‑87 on April 26, 1987 appointing Eduardo P. Marzan to serve the unexpired portion of petitioner’s term. Petitioner filed another appeal to NEA on April 28, 1987 seeking annulment of that resolution. By letter dated May 7, 1987 NEA’s Director for Cooperative Development enclosed an October 7, 1980 memorandum by NEA legal counsel concluding that a barangay captain appointed to a higher local legislative body is disqualified from serving as a cooperative director; the May 7 letter effectively denied petitioner’s request.
Petitioner sought relief from the Office of the President under Section 13 of P.D. No. 269...(Pro-only)
Issues:
- Was petitioner legally disqualified from continuing as a duly elected Director for District II of LUELCO by virtue of her designation as a member of the Sangguniang Panlalawigan o...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)