Title : SANGGUNIANG BARANGAY OF ANDRES CATANDUANES VS CA & ANTONIO

Citation : G.R. No. 118883

January 16, 1998

Ponente : PANGANIBAN, J.
Facts :
The private respondent, Augusto T. Antonio, 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 or not Antonios resignation was complete.
2. Whether or not the respondent abandoned his membership in the Sangguniang Bayan.

Held :
1. 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 officer by which he
declines his office and renounces the further right to use it. It can be express or implied. To constitute a
complete and operative resignation the following 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 respondents 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 presidents 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.

2. 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
respondents 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.