Kilusang Bayan V Dominguez
Kilusang Bayan V Dominguez
Kilusang Bayan V Dominguez
23 (implementing
Kilusang Bayan sa Paglilingkod ng mga Magtitinda ng Bagong Pamilihang P.D. No. 175) provides the procedure for the removal of directors or officers
Bayan ng Muntinlupa, Inc. v. Dominguez of cooperatives, thus:
whether or not the Order issued by the Secretary of Agriculture is An administrative officer has only such powers as are expressly granted to
illegal him and those necessarily implied in the exercise thereof. These powers
should not be extended by implication beyond what may to necessary for
Held: their just and reasonable execution.
The power to summarily disband the board of directors may not be
inferred from any of the foregoing as both P.D. No. 175 and the by-laws of
the KBMBPM explicitly mandate the manner by which directors and officers
are to be removed. The Secretary should have known better than to
disregard these procedures and rely on a mere petition by the general
membership of the KBMBPM and an on-going audit by Department of
Agriculture auditors in exercising a power which he does not have, expressly
or impliedly. We cannot concede to the proposition of the Office of the
Solicitor General that the Secretary’s power under paragraph (d), Section 8
of P.D. No. 175 above quoted to suspend the operation or cancel the
registration of any cooperative includes the “milder authority of suspending
officers and calling for the election of new officers.” Firstly, neither
suspension nor cancellation includes the take-over and ouster of incumbent
directors and officers, otherwise the law itself would have expressly so
stated. Secondly, even granting that the law intended such as postulated,
there is the requirement of a hearing. None was conducted