What are the guidelines in appreciating age, either as an element of a crime or as a qualifying circumstance in

child abuse cases?

In child abuse cases, the term "children" refers to persons below eighteen (18) years of age or those over but are
unable take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition.
Anyone who is found to have committed an offense in which a child under the definition above is involved is
penalized.
Source:
Rep. Act No. 7610 (1992), sec. 3.

What constitutes “legal tender”?

"All coin and currency, including Central Bank notes, heretofore and hereafter issued and declared by the
Government of the Philippines shall be legal tender for all debts, public and private."
Source:
Rep. Act No. 4100 (1964), sec. 1.

A law imposes a tax on income of religious institutions derived from the sale of religious articles such as rosaries,
candles, etc. Is it valid?
It is not valid.
Section 29, Par. 3, Article VI of the 1987 Constitution mandates that institutions exclusively used for religious
purposes shall be exempt from taxation.
Source:
CONST., art. VI, sec. 28, par. (3).

Can a provincial government intervene where the action is purely in personam and for the collection of debt not
owing to it?
No. According to the Local Government Code of 1991, unless it is a legitimate exercise of police power and
eminent domain, the provincial government cannot intervene in such civil cases stated.
Is mere act of listening to a telephone conversation in an extension line punishable by Anti-Wire Tapping Law?
It is not punishable.
RA 4200 made it unlawful “for any person, not being authorized by all the parties to any private communication or
spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept,
or record such communication or spoken word by using a device commonly known as a dictaphone or
dictagraph or detectaphone or walkie-talkie or tape recorder, or however otherwise described…”
In the case of Gaanan v. IAC, the Supreme Court ruled that an extension line is not considered as among the
devices defined in RA 4200. Hence, listening through a phone extension cannot be considered wiretapping.
Sources:
Rep. Act No. 4200 (1965), sec. 1.
Gaanan v. IAC, 1465 SCRA 113.

Is the statement in a certificate of land title that the registered owner was married to the wife a mere description of
civil status or of ownership?
It is a mere description of civil status.
In the case of Bangayan v. Bangayan Jr., the Court ruled, "the words 'married to' preceding the name of a spouse
are merely descriptive of the civil status of the registered owner. The same words do not prove co-ownership.
Without proof of actual contribution from either or both spouses, there can be no co-ownership under Article 148
of the Family Code."
Source:
Bangayan v. Bangayan Jr., G.R. No. 201601, July 3, 2013.

Is music provided by a combo in a restaurant constitutes public performances for profit within the meaning of the
Copyright Law?
Yes it is.
RA 8293 defined "Public performance", in the case of a work other than an audiovisual work, is the recitation,
playing, dancing, acting or otherwise performing the work, either directly or by means of any device or process; in
the case of an audiovisual work, the showing of its images in sequence and the making of the sounds
accompanying it audible; and, in the case of a sound recording, making the recorded sounds audible at a place
or at places where persons outside the normal circle of a family and that family's closest social acquaintances are
or can be present, irrespective of whether they are or can be present at the same place and at the same time, or
at different places and/or at different times, and where the performance can be perceived without the need for
communication within the meaning of Subsection 171.3;
Source:
Rep. Act No. 8293 (1997), sec. 171.6.

Are baptismal and marriage certificates proof of the administration of the sacrament to the subjects thereof?
Yes.
In Simplicia Cercado-Siga v. Vicente Cercado, Jr., the Court held, "a baptismal certificate has long been held as
evidence only to prove the administration of the sacrament on the dates therein specified."
Source:
Simplicia Cercado-Siga, et al. vs. Vicente Cercado, Jr., et al., G.R. No. 185374, March 11, 2015.

At the back of a ticket stub issued by an airline company, there is printed a stipulation limiting the carrier’s liability,
are such stipulations binding when they are in small letters and hard to read?
It is binding insofar as the terms thereof have been nevertheless fully explained and understood by the customer.
Source:
Rep. Act No. 386 (1997), chapter 2, art. 1318.
Rep. Act No. 386 (1997), chapter 2, sec. 1, art. 1332.

Is the Administrative Code of Mindanao and Sulu applicable to non-Christians in the Mountain Province?
Yes it is.
The same Code explicitly states that non-Christians are bounded by it.
Source:
Act No. 2711 (1917), chapter 3, art. II, sec. 47.

Was the death of a particular attorney extinguish the lawyer-client relationship where the legal representation is by
a law firm?
It does not extinguish the lawyer-client relationship.
This ruling was held in the Court in its decision in Amatorio v. People.
Source:
Amatorio v. People., G.R. No. 150453, February 14, 2003.

Is a baptismal certificate a sufficient act of acknowledgement for establishment of paternity?

No it is not.
The Court ruled in Labagala vs. Santiago, ""A baptismal certificate, a private document is not conclusive proof of
filiation."
Source:
Labagala vs. Santiago, 371 SCRA 360.

Is the filing by a dismissed employee of a criminal action for libel during the pendency of the illegal dismissal case
constitute forum-shopping?
Yes it is forum shopping.
In Canuto, Jr. v. NLRC, the Court said, "Forum shopping is manifest whenever a party 'repetitively avail[s] of several
judicial remedies in different courts, simultaneously or successively, all substantially founded on the same
transactions and the same essential facts and circumstances, and all raising substantially the same issues either
pending in, or already resolved adversely by, some other court.'"
Source:
Amatorio v. People., G.R. No. 110914, June 28, 2001.

Is a fishpond considered agricultural land?

No it is not.
In Sanchez, Jr. v. Marin, etal., the Court held, "the operation of fishponds is no longer considered an agricultural
activity, and a parcel of land devoted to fishpond operation is no longer an agricultural land."
Source:
Sanchez, Jr. v. Marin, etal., G.R. No. 171346, October 19, 2007.

The term “reinstatement” according to this decided case had a technical meaning referring only to an appointive
position under Pres. Decree No. 807?

In Grego v. COMELEC, the court held that the petitioner cannot be reinstated in an elective post, only an appointive position.

Are baptismal and marriage certificates proof of the veracity of the statements made therein with respect to
relationship?
Yes as they are descriptions of civil status.
In the case of Bangayan v. Bangayan Jr., the Court ruled, "the words 'married to' preceding the name of a spouse
are merely descriptive of the civil status of the registered owner. The same words do not prove co-ownership.
Without proof of actual contribution from either or both spouses, there can be no co-ownership under Article 148
of the Family Code."
Source:
Bangayan v. Bangayan Jr., G.R. No. 201601, July 3, 2013.

Is a contract between student and the university wherein the student waives his right to transfer to another school
without refunding to the university the equivalent of his scholarship in cash valid?
It is not valid.
In Cui v. Arellano University, the Court held that waiving the right of plaintiff to transfer to another school without
having refunded scholarship is contrary to public policy.
Source:
Cui v. Arellano University, G.R. No. L-15127, 2 SCRA 205.

Define the phrase “between members of the same family”?

According to Art. 150 of the Family Code, Family Relations include those (1) Between husband and wife; (2)
Between parents and children; (3) Among brothers and sisters, whether of the full or half-blood.
Art. 151 of the same Code also states, "No suit 'between members of the same family' shall prosper unless it should
appear from the verified complaint or petition that earnest efforts toward a compromise have been made, but
that the same have failed. If it is shown that no such efforts were in fact made, the same case must be dismissed."
Source:
FAMILY CODE, art. 150.
FAMILY CODE, art. 151.

Do the professors of private colleges enjoy tenure or permanency in office similar to that enjoyed by employees
under the Civil Service?
No they do not.
It is only true for public school teachers under Section 5, RA 4670. Since the same Act does not include private
school teachers, then they are not entitled to the same tenure to those of employees under the Civil Service.
Source:
Rep. Act No. 4670 (1966), sec. 5.

Can the President require government entities to adopt a uniform data collection and format for their existing ID
System?
Yes.
In KMU v. Director General, the Court held, "Certainly, under this constitutional power of control the President can
direct all government entities, in the exercise of their functions under existing laws, to adopt a uniform ID data
collection and ID format to achieve savings, efficiency, reliability, compatibility, and convenience to the public. The
President’s constitutional power of control is self-executing and does not need any implementing legislation."
Source:
KMU v. Director General, G.R. No. 167798, April 19, 2006.

What is the meaning of the phrase “archiving of cases”?

The Supreme Court's June 21, 2016 Resolution, "archiving of cases is a
procedural measure designed to temporarily defer the hearing of cases in
which no immediate action is expected, but where no grounds exist for
their outright dismissal. Under this scheme, an inactive case is kept alive
but held in abeyance until the situation obtains in which action thereon
can be taken.   (Balao v. Ermita, G.R. Nos. 186050 & 186059 (Resolution),
|||

[August 1, 2017], 815 PHIL 53-60)

Can damages which are clearly speculative be awarded?

In Philippine laws, there are six kinds of damages, namely:

Actual or compensatory Damages
Moral Damages
Exemplary or corrective Damages
Liquidated Damages
Nominal Damages
Temperate or moderate Damages
Clearly, speculative damages cannot be awarded given they are not included in the list.
Source:
https://ndvlaw.com/damages-awarded-under-philippine-law/

When is a resignation by a public official complete and operative?

To
constitute a complete and operative resignation from public offi
ce, there must be: (a) an intention to relinquish a part of the
 term; (b) an act of relinquishment; and (c) an acceptance by the
proper authority.
xxx xxx xxx
In our jurisdiction, acceptance is necessary
for resignation of a public officer to be operative and effective.
Without acceptance, resignation is nothing and the officer
remains in office.Resignation to be effective must be
accepted by competent authority, either in terms or by something
tantamount to an acceptance, such as the appointment of the
successor. A public officer cannot abandon his office before
his resignation is accepted, otherwise the officer is subject to the
penal provisions of Article 238 of the Revised Penal Code. The final or
conclusive act of a resignation's acceptance is the notice of
acceptance. The incumbent official would not be in a position to
determine the acceptance of his resignation unless he had been duly
notified therefor.
|||  (LRTA v. Salvaña, G.R. No. 192074, [June 10, 2014], 736 PHIL 123-161)

Can the Philippine Gamefowl Commission disapprove a license granted by the Mayor and ipso facto issue a
cockpit license to another?
No it cannot.
According to the Local Government Code, the municipal mayor has the power to "grant licenses and permits in
accordance with existing laws and municipal ordinances and revoke them for violation of the conditions upon
which they have been granted," 15 and the Sangguniang Bayan is authorized to "regulate cockpits, cockfighting
and the keeping or training of gamecocks, subject to existing guidelines promulgated by the Philippine Gamefowl
Commission." This is the ruling made the Court in Philippine Game Fowl Commission v. Martinez Jr.
Source:
Philippine Game Fowl Commission v. Martinez Jr., G.R. No. 72969-70, December 17, 1986.

Is the death of one party to a legal separation case also causes the death of the action itself?
Yes.
In Carmen Lapuz Sy v. Eufemio S. Eufemio, the Court held, "the death of one of the parties to such action [legal
separation] abates the action, for the reason that death has settled the question of separation beyond all
controversy and deprived the court of jurisdiction."
Source:
Carmen Lapuz Sy v. Eufemio S. Eufemio, G.R. No. L-30977, January 31, 1972.

Are defective brakes considered fortuitous in character?

No they are not.
Fortuitous is defined by the law dictionary as, "Accidental; undesigned; adventitious." Clearly, defective brakes is
not accidental for person would have known of its existence.
Source:
Law Dictionary

Can MERALCO’s rate increases be denied for lack of the requisite publication for the said increases?
Yes.
According to Article 2 of the New Civil Code, "Laws shall take effect after fifteen days following the completion of
their publication either in the Official Gazette or in a newspaper of general circulation in the Philippines, unless it is
otherwise provided."
Without such publication, a law cannot take effect.
Source:
NEW CIVIL CODE, art. 2.
Is the Flag Law applicable against a domestic entity which offers imported articles, materials or supplies or those
made or produced in the Philippines from imported materials?

Yes. The Flag Law may be invoked only against a bidder who is

not a domestic entity, as defined in the law,
or against a domestic entity who offers imported articles, materials or suppli
es or those made or produced in the Philippines from imported materials.   ( |||

Asbestos Integrated Manufacturing, Inc. v. Peralta, G.R. No. L-45515, [October 29,
1987], 239 PHIL 208-218)

Is the Philippines bound by the treaty respecting the privileges and immunities of the United Nations Officials?

Yes. As signatory of the UN Convention, the Philippines is bound to respect salient features in the Convention which includes privileges and
immunities afforded to UN officials. (CONVENTION
ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED
NATIONS Adopted by the General Assembly of the United Nations on 13 February 1946)

Who has the power to appoint the members of the Board of Trustees of the Cultural Center of the Philippines?
It is the President.
According to Executive Order 1058, The Trustees appointed by the President of the Philippines pursuant to Executive
Order No. 30 dated June 25, 1966, and currently holding office shall be the first Trustees to serve on the Board of the
new Center and shall be known as Founding Trustees.
Source:
Exec. Order No. 1058 (1985).

Is the term “life imprisonment” synonymous with the penalty of “reclusion perpetua”?
It is not. Life
imprisonment and reclusion perpetua "are distinct and separate penalties with
different natures, periods, and consequences." Reclusion perpetua is a penalty for a
crime committed under the RPC, while life imprisonment is a sentence for a crime that
falls under a special penal law.

Reclusion perpetua is an indivisible penalty. After 30 years, the person sentenced to

reclusion perpetua becomes eligible for pardon.

Reclusion perpetua, which places a convict in prison from 20 to 40 years and falls under
the RPC's list of afflictive penalties, also carries with it accessory penalties.

Life imprisonment, on the other hand, has an indefinite duration, has no specific details on
pardon, and does not come with compulsary accessory penalties.

What are the limitations imposed on municipal judges in their exercise of notarial work?

The permission to engage in the practice of law does not carry with it the
authority to perform notarial services for while it is required that a notary
public be a lawyer, or one who has completed the law course, etc. (Section
233, Revised Administrative Code), a notarial commission is not a
prerequisite to the practice of law. Notarial work is merely one of the many
activities in which a lawyer may duly be engaged and where his legal
knowledge may gainfully be of use, but its exercise requires a separate
commission from the First Instance Court of the Province.   |||

By the two provisions of the Revised Administrative Code (Sections 235 and
242), municipal judges are prohibited by law to engage in
regular notarial work; however, in the discharge of the duties of ex
officio notaries public, which they are allowed to perform,
the municipal judges are further subject to the limitation that such ex
officio function shall be exercisable only within the territorial limits of the
municipalities over which they have jurisdiction.   (In re: Pallugna, Jr., G.R. No. |||

L-29321, [February 29, 1972], 150 PHIL 510-515)

Does delay in reporting the offense by the offended parties for more than 2 years taken into account in a
prosecution for rape?

No. Delay in reporting particularly an incestuous rape is not indicative of a

fabricated charge; that should not be demanded such a high degree of
accuracy and detail on the poor victim, considering her harrowing experience
lasting for four (4) years; that no young woman would likely devise or
fabricate a rape story against her own father   (People v. Marcellana, G.R. Nos. |||

137401-03, [February 6, 2002], 426 PHIL 739-751)

As a general rule, life insurance policies in favor of government employees by the GSIS are
exempted from attachment or garnishment. In what instances are proceeds of such policies liable to
attachment?

In Picar, the court held that "life insurance policies issued by the GSIS in favor of government employees, the
proceeds shall be liable to attachment, garnishment and other legal processes, when obligations or indebtedness to
the GSIS and the employer are concerned."
(Picar v. Government Service Insurance System, G.R. No. L-25803, [May 29, 1970], 144 PHIL 379-386)

Can dual citizen register as absentee voter and vote in the Philippines?
Yes.

Under Republic Act No. 9189 as amended by Republic Act No. 10590, all citizens of the Philippines or dual
Filipino-American citizens, who are not disqualified by law, at least 18 years of age by the time of elections may
register as an Overseas Voter and vote for President, Vice-President, Senators, and Party List Representatives in the
said elections.

https://newyorkpcg.org/pcgny/consular-services/overseas-voting/

Is there a Memorandum of Agreement between Australia and the Philippines on the procedure for
adoption of Filipinos by Australians ?

Yes.
The Australian Central Authority and the Philippines Intercountry Adoption Board (ICAB) have an agreed process
to deal with requests from Australian citizens to adopt a relative child residing in the Philippines. Prospective
adoptive parents, resident in Australia, seeking to adopt an overseas relative child, must be assessed by the relevant
Australian State or Territory Central Authority. The Australian State or Territory Central Authority can only
consider assessing the suitability of the relative family to adopt the child at the request of ICAB.

https://www.icab.gov.ph/relative-adoption-for-australians/

Does delay in reporting the offense by the offended parties for more than 2 years taken into account
in a prosecution for rape?

No.

Delay in reporting particularly an incestuous rape is not indicative of a fabricated charge; that should not be
demanded such a high degree of accuracy and detail on the poor victim, considering her harrowing experience
lasting for four (4) years; that no young woman would likely devise or fabricate a rape story against her own father.

(People v. Marcellana, G.R. Nos. 137401-03, [February 6, 2002], 426 PHIL 739-751)

Can MERALCO’s rate increases be denied for lack of the requisite publication for the said increases?
Yes.

The Court held in National Association of Electricity Consumers for Reforms v. Energy Regulatory Commission
that "to allow MERALCO or any distribution utility to increase its generation charge without publication of its
application therefore and to allow the ERC to approve the same without taking into consideration the comments
thereon of the consumers and the LGUs concerned, on the ground that it is a cost-recovery adjustment, would be to
erode the EPIRA's avowed policies of people empowerment and consumer protection."
(National Association of Electricity Consumers for Reforms v. Energy Regulatory Commission, G.R. No. 163935,
[February 2, 2006], 517 PHIL 23-67)

Is an application for registration of a lot which forms part of the bed of a navigable stream be issued
a decree and title?
No.

If the lot sought to be registered is or forms part of the bed of a navigable stream, creek or river, the decree or title to
it in the name of the respondents would not give them any right or title to it Navigable rivers cannot be appropriated
and registered under the Land Registration Act. (Republic v. Sioson, G.R. No. L-13687, [November 29, 1963], 118
PHIL 1377-1381)

Can the President require government entities to adopt a uniform data collection and format for their
existing ID System?
Yes.

In KILUSANG MAYO UNO, NATIONAL FEDERATION OF LABOR UNIONS-KILUSANG MAYO UNO

(NAFLU-KMU), JOSELITO V. USTAREZ, EMILIA P. DAPULANG, SALVADOR T. CARRANZA, MARTIN
T. CUSTODIO, JR. and ROQUE M. TAN vs. THE DIRECTOR-GENERAL, NATIONAL ECONOMIC
DEVELOPMENT AUTHORITY, and THE SECRETARY, DEPARTMENT OF BUDGET and MANAGEMENT
(G.R. No. 167798 April 19, 2006), the Court held that "under this constitutional power of control the President can
direct all government entities, in the exercise of their functions under existing laws, to adopt a uniform ID data
collection and ID format to achieve savings, efficiency, reliability, compatibility, and convenience to the public."

Are probationers disqualified from running for local posts?  What about for national posts?
No, not for both local and national posts.

Only the following are disqualified. Evidently, it does not include probationers.

Batas Pambansa Bilang 881, otherwise known as the Omnibus Election Code (“Election Code”) provides for certain
disqualifications. Thus, under the Election Code, the following are disqualified from running for public office:

1. Those declared as incompetent or insane by competent authority.

2. Those sentenced by final judgment for subversion, insurrection, rebellion or any offense for which he has been
sentenced to a penalty of more than 18 months imprisonment.

3. Those sentenced by final judgment for a crime involving moral turpitude.

4. Those who are permanent residents of or immigrants to a foreign country, unless he has waived his status as
such.

The disqualification for insane persons shall be removed upon declaration by the competent authority that such
insanity or incompetence has been removed. For those sentenced by final judgement of offenses in items 2 and 3
above, the disqualification shall be lifted after the expiration of 5 years from service of sentence.

Disqualifications under the Local Government Code (for local officials only)
For local candidates, such as those running for the position of mayor, vice-mayor, governor, vice-governor,
councilor, among others, Republic Act No. 7160, otherwise known as the Local Government Code of 1991”, as
amended (“Local Government Code”) has provided for certain disqualifications. Thus, the following are disqualified
from running for a local elective post:

1. those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by 1 year
or more imprisonment within 2 years after serving sentence.

2. those removed from office as a result of an administrative case

3. those convicted by final judgment for violating oath of allegiance to the Philippines

4. those with dual citizenship

5. fugitives from justice in criminal or nonpolitical cases here and abroad

6. permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to
avail of the same right

7. the insane or feeble-minded

Is the mere fact that a judge has rules against the same litigant on three occasions create a pattern of
malice on the part of the judge against that particular litigant?
No.

In Luciano v. Mariano, the Court made the pronouncement that "[t]he mere fact that the judge has erroneously ruled
against the same litigant on two or more occasions does not create in our minds a decisive pattern of malice on the
part of the judge against that particular litigant. This is not an unusual occurrence on our courts . . ." ||| (Go y
Tambunting v. Court of Appeals, G.R. No. 106087 (Resolution), [April 7, 1993])

Can the salary of a married woman for a judgment debt on which she alone is liable be attached when
the said salary is insufficient for the expenses of her family?
No.
In JOSE AVENDAÑO and MARTA AVENDAÑO vs. THE HON. FEDERICO C. ALIKPALA, THE SHERIFF OF
MANILA, THE MANILA RAILROAD COMPANY and Luzviminda PARUNGAO SAN PEDRO (G.R. No. L-
21189 November 28, 1964), the Court ruled that "the salary of petitioner Marta Avendaño was not sufficient for her
expenses and that of her family. Under the Revised Rules, the following, among others, is declared exempt from
execution.

(1) So much of the earnings of the debtor for his personal services within the month preceding the levy as are
necessary for the support of his family (Sec. 12, Rule 39)."

Is a brother-in-law a member of the family of his wife and therefore within the scope and coverage of
Art. 222 of the Civil Code?

Yes.

In Valera, ruling on the interpretation of RA 3019, the court held that family relation is defined under
Section 4 of R.A. No. 3019 23 which, according to the said section, "shall include the spouse or
relatives by consanguinity or affinity in the third civil degree." Thus, we need not look beyond the
provisions of R.A. No. 3019 to hold that a brother-in-law falls within the definition of family under
Section 3 (d) thereof."
(Valera v. Office of the Ombudsman, G.R. No. 167278, [February 27, 2008], 570 PHIL 368-394)

Is it only the husband who can contest the legitimacy of a child born to his wife?

Yes.

In Geronimo vs. Santos (G.R. No. 197099, 28 September 2015), the Supreme Court explained that
“Only the husband can contest the legitimacy of a child born to his wife. He is the one directly
confronted with the scandal and ridicule which the infidelity of his wife produces; and he should
decide whether to conceal that infidelity or expose it, in view of the moral and economic interest
involved. It is only in exceptional cases that his heirs are allowed to contest such legitimacy. Outside
of these cases, none – even his heirs – can impugn legitimacy; that would amount to an insult to his
memory.” Thus, as a respect to the dignity of the husband, he is the only one vested with personality
to disclaim the child”.

Is the Administrative Code of Mindanao and Sulu applicable to non-Christians in the Mountain
Province?

Yes.

The Code explicitly states that non-Christians are bound by it.

SECTION 47. Boundaries of subprovince of Apayao. – The subprovince of Apayao in the Mountain
Province contains the territory embraced in the following boundaries: The eastern boundary shall be
a line beginning in the hills immediately to the westward of the municipality of Claveria, in the
Province of Cagayan, and extending in a general southeasterly and southerly direction, between the
settlements of Christians and of non-Christians..."

Source:
Act No. 2711 (1917), chapter 3, art. II, sec. 47.
Will an action instituted in 1967 for the annulment of a last will and testament duly probated way
back in 1969 prosper?

No.

The court held in Maloto that an action for probate, as it implies, "is founded on the presence of a
will and with the objective of proving its due execution and validity". If it was duly probated, it
means that there was a valid will and testament in the first place. (Testate Estate of Maloto v. Court
of Appeals, G.R. No. 76464, [February 29, 1988], 242 PHIL 179-187)

Can the Securities and Exchange Commission award damages in the exercise of its adjudicative
powers?

Yes.
Cited in the case of Lozon, the court mentioned in Andaya v. Abadia that: ". . . While it may be said
that the same corporate acts also give rise to civil liability for damages, it does not follow that the
case is necessarily taken out of the jurisdiction of the SEC as it may award damages which can be
considered consequential in the exercise of its adjudicative powers.||| (Lozon v. National Labor
Relations Commission, G.R. No. 107660, [January 2, 1995], 310 PHIL 1-14)
When is a resignation by a public official complete and operative?

Cited in LRTA v. Salvana, Justice Leonen said:

"To constitute a complete and operative resignation from public office, there must be: (a) an intention
to relinquish a part of the term; (b) an act of relinquishment; and (c) an acceptance by the proper
authority.

In our jurisdiction, acceptance is necessary for the resignation of a public officer to be operative and
effective. Without acceptance, resignation is nothing and the officer remains in office. Resignation to
be effective must be accepted by the competent authority, either in terms or by something tantamount
to an acceptance, such as the appointment of the successor. A public officer cannot abandon his
office before his resignation is accepted, otherwise, the officer is subject to the penal provisions of
Article 238 of the Revised Penal Code. The final or conclusive act of a resignation's acceptance is the
notice of acceptance. The incumbent official would not be in a position to determine the acceptance
of his resignation unless he had been duly notified therefor."
(LRTA v. Salvaña, G.R. No. 192074, [June 10, 2014], 736 PHIL 123-161)