SANGGUNIANG BAYAN OF SAN ANDRES v CA
FACTS
Antonio, priate respondent, was elected barangay captain of Sapang Palay Catanduanes on March 1989. He was later elected president of the Association of Barangay Council(ABC) for the Municiplity of San Andres Catanduanes. Pursuant to the Local Government Code of 1983, he was appointed by the President as Member of the Sanguniang Bayan of the sid municipality. Meanwhile, DILG Sec. declared the election for the president of the Federation of the Association of Barangay Council(FABC) void for lack of quorum. As a result, the provincial council was reorganized. DILG Sec then designated private respondent as a temporary member of the Sanguniang Panlalawigan of Catanduanes effective on 15 June 1990. Because of his designation, private respondent tendered his resignation as a member of the Sanguniang Bayan dated 14 June 1990 to the Mayor of San Andres Catanduanes. Copies of his letters were also forwarded to the provincial governor, DILG and the municipal treasurer. Subsequently, Aquino then the Vice President of ABC was appointed by the provincial governor as member of the Sanguniang Bayan in place of private respondent. Aquino assumed office on 18 July 1980 after taking his oath. Subsequently, the ruling of the DILG annulling the election of the FABC president was reversed by the Supreme Court and declared the appointment of private respondent void for lacking the essential qualification of being the president of FABC. On 31 March 1992, private respondent wrote to the Sanguniang Bayan(SB) of San Andres regarding his re-assumption of his original position. SB refused.
ISSUE
1. Whether Antonio’s resignation was complete. 2. W/N respondent abandoned his membership in the SB.
HELD
The resignation was not complete for lack of acceptance thereof of the proper authority however, an office may still be deemed relinquished through voluntary abandonment which needs no acceptance. In Ortiz vs Comelec, resignation is defined as the “act of giving up of an ifficer by which he declines his office andrenounces the further right to use it”. It can be express or implied. To constitute a complete and operative resignation the folloving must be present. (1) an intention to relinquish a part of the term; (b) an act of relinquishment; and (c) an acceptance by the proper authority. In the case at bar, there was no evidence that the private respondent’s resignation was accepted by the proper authority. Although the Local Government Code of 1983 was silent as to who specifically should accept the resignation it provides that the position shall be deemed vacated only upon acceptance of resignation and should be acted upon by the Sangunian concerned. The resignation letter was tendered to the mayor and copies were sent to the governor, DILG and the municipal treasurer but none of them expressly acted on it. Furthermore, under established jurisprudence, resignations, in the absence of statutory provisions as to whom it should be submitted, should be submitted to the appointing power. Therefore, the resignation should have been submitted to the president or to the DILG as the president’s alter ego. Tackling the second issue, abandonment has been defined as the voluntary relinquishment of an office by the holder, with the intention of terminating his possession and contro thereof. It is a species of resignation. While resignation is the formal relinquishment, abandonment is the voluntary relinquishment by non-user. There are 2 essential elements of abandonment : (1) an intention to abandon and (2) an overt act by which intention is carried on. In the case at bar, the first element was manifested on the following instances: (1) private respondent’s failure to perform his function as SB; (2) his failure to collect the corresponding renumeration for the position, (3)his failure to object to the appointment of Aquino as his replacement to SB and (4) his prolonged failure to initiate any act to reassume his post in the SB after SC had nullified his designation as member of Sanguniang Panlalawigan. The second element was demonstrated by the following: (1) his letter of resignation, (2) his assumption of office as member of the Sanguniang Panlalawigan, (3) his faithful discharge of his duties and functions of SP and (4) his recept of renumeration for such post.
