Under existing laws and rules, officials of government cooperatives shall be considered automatically resigned if he holds an elective position higher than a Barangay captain or councilor.
Does this prohibition apply to coop official who occupies an elective position only in an ex-oficio capacity?
All coop officials and employees, who are subsequently elected to the post of the Municipal Chapter of the Liga ng mga Barangay, after having won in the barangay elections, shall be considered automatically resigned upon taking his oath of office as Liga President.
Although the disqualification mandated by law (PD 269) pertains to elective officers of the government, except Barangay Chairmen and councilors, the same is equally applicable to an appointed member of an office higher than the Barangay Chairman or councilor like a member of the Sangguniang Bayan which is an elective office. The provision should be construed to refer to a person appointed to an elective position above the level of a Barangay Captain. The purpose of the disqualification is to prevent incumbents of elective offices from exerting political influence and pressure on the management of the affairs of the cooperative. This purpose cannot be fully achieved if one who is appointed to an elective office is not made subject to the same disqualification.
A person appointed to an elective office can exercise all powers and prerogatives attached to said office. He can wield as much pressure and influence on an electric cooperative, as an elected member thereof. Consequently when De Villa was designated as ex-oficio member of the Sangguniang Bayan, he became ineligible and was thereby disqualified as member of the ANECO Bd.
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