PUNZALAN v. MENDOZA
FACTS
Cicero Punsalan brings a petition for quo warranto and prohibition seeking the ouster of Hon. Estelito P. Mendoza from the governorship of Pampanga. As Kilusang Bagong Lipunan bets for the 1980 elections, Mendoza and Punsalan won for governor and vice-governor, respectively. However, in the 1984 elections, the only KBL survivor placed fourth for the three seats as representatives to the Batasan. Respondent, as KBL campaign manager, tendered his resignation from the Governorship and his Cabinet post “effective at the President’s pleasure.” Six weeks later, the President appointed him Minister of the Peace and concurrently Member of the Batasan Pambansa. Subsequently, Mendoza again tendered his resignation and sent a letter to the Minister of Local Government requesting that he be considered on leave of absence” while the matter was “pending consideration by the president.” Punsalan then took his oath as governor of Pampanga (not acting governor) relying on a press release of Bulletin Today7. The following year, respondent unexpectedly appeared and occupied the office. Respondent resigned from his Batasan membership which was accepted by the President two days later.
ISSUE
Whether or not the respondent did resign from the gubernatorial seat.
HELD
NO. The tender of resignation says that it was “effective at the pleasure of the President” meaning it was not effective immediately. Acceptance was necessary. Implied acceptance by the President of the tender of resignation by respondent cannot be held to have taken place as the President shelved the same pursuant to a KBL caucus recommendation for respondent to reassume the governorship. Based on an approved request from the Minister of Local Government to go on leave, his failure to perform his duty for 5 months as governor cannot be considered an abandonment of office.
