Alexir Mendoza

1-A
National Electrification Administration (NEA) v. Gonzaga
G.R. NO. 132453 : February 14, 2008
Facts:
 Victoriano 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), but was disqualified as his wife was a member of the Sangguniang Bayan.
 According to Electric Cooperative Election Code (ECEC), promulgated NEA, a candidate
whose spouse occupies an elective government position higher than Barangay Captain is
prohibited to run as director of an electric cooperative.
 Petitioner filed a Petition for Prohibition and Damages at the RTC. The RTC issued a
temporary restraining order, ordering ZAMSURECO’s officials to refrain from conducting
the election for directorship set on December 2, 2000.
 Respondent motioned to replace his petition with one that impleaded NEA as indispensable
party and averred that the ECEC was null and void because it had not been published.
 The RTC required NEA to comment if the ECEC was published but NEA did not provide a
comment. NEA filled a motion to dismiss but it was denied for being out of time.
 NEA filed a petition to the CA, but it was denied. Thus, a petition was filed to the SC.
Relevant Laws: Civil Code Art. 2
Issue: Is the ECEC null and void because it had not been published?
Ruling: Yes, it is null and void.
While ZAMSURECO complied with the requirements under Executive Order No. 292 of
filing the code with the University of the Philippines Law Center, it offered no proof of
publication in the Official Gazette nor in a newspaper of general circulation. Without compliance
with the requirement of publication, the rules and regulations contained in the ECEC cannot be
enforced and implemented.
Art. 2 of Civil Code provides that laws shall take effect after fifteen (15) days following
the completion of their publication in the Official Gazette or in a newspaper of general
circulation in the Philippines, unless it is otherwise provided.
The court also cited Tanada v. Tuvera, where in it was ruled that Administrative Rules
and Regulations must also be published if their purpose is to enforce or implement existing law
pursuant also to a valid delegation.
Since the ECEC is not a mere internal memorandum but a Code which applies to all
electric companies in the country; it should comply with the requirements of the Civil Code and
the Administrative Code of 1987.
Petition Denied