G.R. No. 118883.

January 16, 1998]

SANGGUNIANG BAYAN OF SAN ANDRES, CATANDUANES, R !r " n# $ %y &ICE 'AYOR NENITO A(UINO an$ 'AYOR )YDIA T. RO'ANO, petitioner, vs.COURT OF A**EA)S an$ AUGUSTO T. ANTONIO, respondents. DECISION
*ANGANIBAN, J.+ Although a resignation is not complete without an acceptance thereof by the proper authority, an office may still be deemed relinquished through voluntary abandonment which needs no acceptance. S#a# , n# o- #. Ca" Before us is a petition for review under Rule 45 of the Rules of Court see ing a reversal of the !ecision of the Court of Appeals promulgated on &anuary '#, #((5 in CA)*.R. +, -o. '4#5., which modified the !ecision dated /ebruary #., #((4 of the Regional 0rial Court of 1irac, Catanduanes, Branch 4%, in +p. Civil Case -o. #254.
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0he dispositive portion of the assailed !ecision of the appellate court reads3

4567R7/8R7, the 9udgment appealed from is hereby :8!;/;7! such that paragraphs #, % and 4 thereof are deleted. ,aragraph ' is A//;R:7!. -o pronouncement as to costs.<
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An# / $ n# Fa/#" ,rivate Respondent Augusto 0. Antonio was elected barangay captain of +apang ,alay, +an Andres, Catanduanes in :arch #(.(. 6e was later elected president of the Association of Barangay Councils =ABC> for the :unicipality of +an Andres, Catanduanes. ;n that capacity and pursuant to the ?ocal *overnment Code of #(.', he was appointed by the ,resident as member of the Sangguniang Bayan of the :unicipality of +an Andres.
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:eanwhile, then +ecretary ?uis 0. +antos of the !epartment of ;nterior and ?ocal *overnment =!;?*> declared the election for the president of the /ederation of the Association of Barangay Councils =/ABC> of the same province, in which private respondent was a voting member, void for want of a quorum. 6ence, a reorgani@ation of the provincial council became necessary. Conformably, the !;?* secretary

designated private respondent as a temporary member of the +angguniang ,anlalawigan of the ,rovince of Catanduanes, effective &une #5, #((A. ;n view of his designation, private respondent resigned as a member of the +angguniang Bayan. 6e tendered his resignation dated &une #4, #((A to :ayor ?ydia 0. Romano of +an Andres, Catanduanes, with copies furnished to the provincial governor, the !;?* and the municipal treasurer. ,ursuant to +ection 5A of the #(.' ?ocal *overnment Code =B.P. Blg. ''B>, -enito /. Aquino, then vice)president of the ABC, was subsequently appointed by the provincial governor as member of the +angguniang Bayan in place of private respondent. Aquino assumed office on &uly #., #((A after ta ing his oath.
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+ubsequently, the ruling of !;?* +ecretary +antos annulling the election of the /ABC president was reversed by the +upreme Court in 0aule vs. +antos. ;n the same case, the appointment of ,rivate Respondent Antonio as sectoral representative to the +angguniang ,anlalawigan was declared void, because he did not possess the basic qualification that he should be president of the federation of barangay councils. 0his ruling of the Court became final and eCecutory on !ecember (, #((#.
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8n :arch '#, #((%, private respondent wrote to the members of the +angguniang Bayan of +an Andres advising them of his re)assumption of his 4original position, duties and responsibilities as sectoral representative< therein. ;n response thereto, the +anggunian issued Resolution -o. 2, +eries of #((%, declaring that Antonio had no legal basis to resume office as a member of the +angguniang Bayan.
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8n August #', #((%, private respondent sought from the !;?* a definite ruling relative to his right to resume his office as member of the +angguniang Bayan. !irector &acob /. :ontesa, department legal counsel of the !;?*, clarified AntonioDs status in this wise3
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46aving been elected ,resident of the ABC in accordance with the !epartmentDs :emorandum Circular -o. .()A(,"#5$ you became an eC)officio member in the sanggunian. +uch position has not been vacated inasmuch as you did not resign nor abandon said office when you were designated as temporary representative of the /ederation to the Sangguniang Panlalawigan of Catanduanes on &une B, #((A. 0he +upreme Court in 0riste vs. ?eyte +tate College Board of 0rustees =#(% +CRA '%B>, declared that3 Edesignation implies temporariness. 0hus, to EdesignateD a public officer to another position may mean to vest him with additional duties while he performs the functions of his permanent office. ;n some cases, a public officer may be EdesignatedD to a position in an acting capacity as when an undersecretary is designated to discharge the functions of the +ecretary pending the appointment of a permanent +ecretary.D /urthermore, incumbent ABC presidents are mandated by the Rules and Regulations ;mplementing the #((# ?ocal *overnment Code to continue to act as president of the association and to serve as eC)officio members of the sangguniang bayan, to wit3

Article %#A =d> ='>, Rule FF;F of the ;mplementing Rules and Regulations of Rep. Act -o. B#2A, provides that3 E0he incumbent presidents of the municipal, city and provincial chapters of the liga shall continue to serve as eC)officio members of the sanggunian concerned until the eCpiration of their term of office, unless sooner removed for cause.D E=f> C C C ,ending election of the presidents of the municipal, city, provincial and metropolitan chapters of the liga, the incumbent presidents of the association of barangay councils in the municipality, city, province and :etropolitan :anila, shall continue to act as president of the corresponding liga chapters under this Rule.D ;n view of the foregoing, considering that the annuled designation is only an additional duty to your primary function, which is the ABC ,resident, we find no legal obstacle if you re)assume your representation in the sanggunian bayan as eC)officio member.<
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!espite this clarification, the local resolution reiterating its previous stand.
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legislative

body

issued

another

;n response to private respondentDs request, !irector :ontesa opined that Antonio did not relinquish or abandon his officeG and that since he was the duly elected ABC president, he could re)assume his position in the +anggunian. A copy of said reply was sent to the members of the local legislative body.
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-otwithstanding, the +anggunian refused to ac nowledge the right of private respondent to re)assume office as sectoral representative. 8n !ecember #A, #((%, private respondent filed a petition for certiorari and mandamus with preliminary mandatory in9unction andHor restraining order before the R0C. 8n /ebruary #., #((4, the trial court rendered its decision holding that Augusto 0. AntonioDs resignation from the Sangguniang Bayan was ineffective and inoperative, since there was no acceptance thereof by the proper authorities. 0he decretal portion of the decision reads3

4567R7/8R7, in view of the foregoing, 9udgment is hereby rendered in favor of the petitioner and against the respondents and ordering the latter3 =#> =%> to pay the petitioner 9ointly and severally the amount of ,#A,AAA.AA as attorneyDs fees and the cost of the suitG to allow petitioner to assume his position as sectoral representative of the Sangguniang Bayan of +an Andres, CatanduanesG

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to pay the petitioner 9ointly and severally his uncollected salaries similar to those received by the other members of the Sangguniang Bayan of +an Andres, Catanduanes as certified to by the :unicipal Budget 8fficer and :unicipal 0reasurer of the same municipality from April ., #((% up to the date of this 9udgmentG and
declaring Resolution -o"s$. B I %. series of #((% null and void and to have no effect.<
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,etitioners appealed this 9udgment to the Court of Appeals. A!! 00a# Cour#1" Ru02n3 Respondent Court of Appeals affirmed the trial courtDs ruling but deleted the first, second and fourth paragraphs of its dispositive portion. ;t held that private respondentDs resignation was not accepted by the proper authority, who is the ,resident of the ,hilippines. 5hile the old ?ocal *overnment Code is silent as to who should accept and act on the resignation of any member of the +anggunian, the law vests in the ,resident the power to appoint members of the local legislative unit. 0hus, resignations must be addressed to and accepted by him. ;t added that, though the secretary of the !;?* is the alter ego of the ,resident and notice to him may be considered notice to the ,resident, the records are bereft of any evidence showing that the !;?* secretary received and accepted the resignation letter of Antonio. :oreover, granting that there was complete and effective resignation, private respondent was still the president of the ABC and, as such, he was qualified to sit in the +angguniang Bayan in an ex officiocapacity by virtue of +ection 4(4 of R.A. B#2A and :emorandum Circular -o. (%)'.. ;n view, however, of the :ay #((4 elections in which a new set of barangay officials was elected, AntonioDs reassumption of office as barangay representative to the +angguniang Bayan was no longer legally feasible.
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0he appellate court added that private respondent could not be considered to have abandoned his office. 6is designation as member of the +angguniang ,anlalawigan was merely temporary and not incompatible with his position as president of the ABC of +an Andres, Catanduanes. /inally, Respondent Court deleted the award of attorneyDs fees for being without basis, and held that Resolution -os. 2 and %. of the +angguniang Bayan of +an Andres involved a valid eCercise of the powers of said local body. ;t thus modified the trial courtDs 9udgment by affirming paragraph ' and deleting the other items. Jnsatisfied, petitioners brought the present recourse.
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I""u " 0he petitioner, in its memorandum, submits before this Court the following issues3
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4;. 5hether or not respondentDs resignation as eC)officio member of ,etitioner +angguniang Bayan ng +an Andres, Catanduanes is deemed complete so as to terminate his official relation theretoG 4;;. 5hether or not respondent had totally abandoned his eC)officio membership in ,etitioner +angguniang BayanG
4;;;. 5hether or not respondent is entitled to collect salaries similar to those received by other members of ,etitioner +angguniang Bayan from April ., #((% up to date of 9udgment in this case by the Regional 0rial Court of 1irac, Catanduanes.<
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;n sum, was there a complete and effective resignationK ;f not, was there an abandonment of officeK T.2" Cour#1" Ru02n3 0he petition is meritorious. Although the terms of office of barangay captains, including private respondent, elected in :arch #(.( have eCpired, the Court deemed it necessary to resolve this case, as the Court of Appeals had ordered the payment of the uncollected salaries allegedly due prior to the eCpiration of Respondent AntonioDs term. F2r"# I""u + Validity of Resignation 0he petitioner submits that the resignation of private respondent was valid and effective despite the absence of an eCpress acceptance by the ,resident of the ,hilippines. 0he letter of resignation was submitted to the secretary of the !;?*, an alter ego of the ,resident, the appointing authority. 0he acceptance of respondentDs resignation may be inferred from the fact that the !;?* secretary himself appointed him a member of the +angguniang ,anlalawigan of Catanduanes.
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;n 8rti@ vs. C8:7?7C, we defined resignation as the 4act of giving up or the act of an officer by which he declines his office and renounces the further right to use it. ;t is an eCpression of the incumbent in some form, eCpress or implied, of the intention to surrender, renounce, and relinquish the office and the acceptance by competent and lawful authority.< 0o constitute a complete and operative resignation from public office, there must be3 =a> an intention to relinquish a part of the termG =b> an act of relinquishmentG and =c> an acceptance by the proper authority. 0he last one is required by reason of Article %'. of the Revised ,enal Code.
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0he records are bereft of any evidence that private respondentDs resignation was accepted by the proper authority. /rom the time that he was elected as punong barangay up to the time he resigned as a member of +angguniang Bayan, the governing law was B.,. ''B or the ?ocal *overnment Code of #(.'. 5hile said law was silent as to who specifically should accept the resignation of an appointive member of the +angguniang Bayan, +ec. 2 of Rule F;F of its implementing rules states that the 4"r$esignation of sanggunian members shall be acted upon by the sanggunian concerned, and a copy of the action ta en shall be furnished the official responsible for

appointing a replacement and the :inistry of ?ocal *overnment. 0he position shall be deemed vacated only upon acceptance of the resignation.< ;t is not disputed that private respondentDs resignation letter was addressed only to the municipal mayor of +an Andres, Catanduanes. ;t is indicated thereon that copies were furnished the provincial governor, the municipal treasurer and the !;?*. -either the mayor nor the officers who had been furnished copies of said letter eCpressly acted on it. 8n hindsight, and assuming arguendo that the aforecited +ec. 2 of Rule F;F is valid and applicable, the mayor should have referred or endorsed the latter to the +angguniang Bayan for proper action. ;n any event, there is no evidence that the resignation was accepted by any government functionary or office. ,arenthetically, +ection #42 of B.,. Blg. ''B states3

4+ec. #42. Composition. ) =#> 0he sangguniang bayan shall be the legislative body of the municipality and shall be composed of the municipal mayor, who shall be the presiding officer, the vice)mayor, who shall be the presiding officer pro tempore, eight members elected at large, and the members appointed by the ,resident consisting of the president of the katipunang bayan and the president of thekabataang barangay municipal federation. C C C.< =7mphasis supplied.>
Jnder established 9urisprudence, resignations, in the absence of statutory provisions as to whom they should be submitted, should be tendered to the appointing person or body. ,rivate respondent, therefore, should have submitted his letter of resignation to the ,resident or to his alter ego, the !;?* secretary. Although he supposedly furnished the latter a copy of his letter, there is no showing that it was duly received, much less, that it was acted upon. 0he third requisite being absent, there was therefore no valid and complete resignation.
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S /on$ I""u + Abandonment of Office 5hile we agree with Respondent Court that the resignation was not valid absent any acceptance thereof by the proper authority, we nonetheless hold that ,rivate Respondent Antonio has effectively relinquished his membership in the +angguniang Bayan due to his voluntary abandonment of said post. Abandonment of an office has been defined as the voluntary relinquishment of an office by the holder, with the intention of terminating his possession and control thereof. ;ndeed, abandonment of office is a species of resignationG while resignation in general is a formal relinquishment, abandonment is a voluntary relinquishment through nonuser. -onuser refers to a neglect to use a privilege or a right =Cyclopedic ?aw !ictionary, 'rd ed.> or to eCercise an easement or an office =Blac Ds ?aw !ictionary, 2th ed.>.
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Abandonment springs from and is accompanied by deliberation and freedom of choice. ;ts concomitant effect is that the former holder of an office can no longer legally repossess it even by forcible reoccupancy.
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Clear intention to abandon should be manifested by the officer concerned. +uch intention may be eCpress or inferred from his own conduct. 0hus, the failure to perform the duties pertaining to the office must be with the officerDs actual or imputed intention to abandon and relinquish the office. Abandonment of an office is not wholly a matter of intentionG it results from a complete abandonment of duties of such a continuance that the law will infer a relinquishment. 0herefore, there are two essential elements of abandonment3 first, an intention to abandon and, second, an overt or 4eCternal< act by which the intention is carried into effect.
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,etitioner argues that the following clearly demonstrate private respondentDs abandonment of his post in the +angguniang Bayan3

4Admittedly, the designation of respondent as member of the +angguniang ,anlalawigan of Catanduanes was worded Etemporary,D but his acts more than clearly established his intention to totally abandon his office, indicating an absolute relinquishment thereof. ;t bears to emphasi@e that respondent actually tendered his resignation and subsequently accepted an eC)officio membership in the +angguniang ,anlalawigan of Catanduanes. 6e performed his duties and functions of said office for almost two =%> years, and was completely aware of the appointment and assumption on &uly #., #((A of -enito /. Aquino, who was then 1ice),resident of the Association of Barangay Councils =ABC> of +an Andres, Catanduanes, as eC)officio member of petitioner +angguniang Bayan representing the ABC.
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:oreover, it may be well)noted that ABC 1ice ,resident -enito Aquino assumed respondentDs former position for twenty =%A> months, without him questioning the term of office of the former if indeed respondentDs designation as eC)officio member of the +angguniang ,anlalawigan was only temporary. ?i ewise, for almost eight =.> months after nowledge of the decision in Taule vs. Santos, et. al., Ibid., nullifying his designation as representative to the +angguniang ,anlalawigan, respondent opted to remain silent, and in fact failed to seasonably act for the purpose of reassuming his former position. 7vidently, respondent had clearly abandoned his former position by voluntary relinquishment of his office through non) user.<"4A$ "Jnderscoring supplied.$
5e agree with petitioner. ;ndeed, the following clearly manifest the intention of private respondent to abandon his position3 =#> his failure to perform his function as member of the +angguniang Bayan, =%> his failure to collect the corresponding remuneration for the position, ='> his failure to ob9ect to the appointment of Aquino as his replacement in the +angguniang Bayan, =4> his prolonged failure to initiate any act to reassume his post in the +angguniang Bayan after the +upreme Court had nullified his designation to the +angguniang ,anlalawigan. 8n the other hand, the following overt acts demonstrate that he had effected his intention3 =#> his letter of resignation from the +angguniang BayanG =%> his assumption
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of office as member of the +angguniang ,anlalawigan, ='> his faithful discharge of his duties and functions as member of said +anggunian, and =4> his receipt of the remuneration for such post. ;t must be stressed that when an officer is 4designated< to another post, he is usually called upon to discharge duties in addition to his regular responsibilities. ;ndeed, his additional responsibilities are prescribed by law to inhere, as it were, to his original position. A +upreme Court 9ustice, for instance, may be designated member of the 6ouse of Representatives 7lectoral 0ribunal. ;n some cases, a public officer may be 4designated< to a position in an acting capacity, as when an undersecretary is tas ed to discharge the functions of a secretary for a temporary period. ;n all cases, however, the law does not require the public servant to resign from his original post. Rather, the law allows him to concurrently discharge the functions of both offices.
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,rivate respondent, however, did not simultaneously discharge the duties and obligations of both positions. -either did he, at that time, eCpress an intention to resume his office as member of the +angguniang Bayan. 6is overt acts, silence, inaction and acquiescence, when Aquino succeeded him to his original position, show that Antonio had abandoned the contested office. 6is immediate and natural reaction upon AquinoDs appointment should have been to ob9ect or, failing to do that, to file appropriate legal action or proceeding. But he did neither. ;t is significant that he eCpressed his intention to resume office only on :arch '#, #((%, after Aquino had been deemed resigned on :arch %', #((%, and months after this Court had nullified his 4designation< on August #%, #((#. /rom his passivity, he is deemed to have recogni@ed the validity of AquinoDs appointment and the latterDs discharge of his duties as a member of the +angguniang Bayan. ;n all, private respondentDs failure to promptly assert his alleged right implies his loss of interest in the position. 6is overt acts plainly show that he really meant his resignation and understood its effects. As pointed out by the eminent American commentator, :echem3
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4,ublic offices are held upon the implied condition that the officer will diligently and faithfully eCecute the duties belonging to them, and while a temporary or accidental failure to perform them in a single instance or during a short period will not operate as an abandonment, yet if the officer refuses or neglects to eCercise the functions of the office for so long a period as to reasonably warrant the presumption that he does not desire or intend to perform the duties of the office at all, he will be held to have abandoned it, not only when his refusal to perform was wilful, but also where, while he intended to vacate the office, it was because he in good faith but mista enly supposed he had no right to hold it.<
?astly, private respondent, who remained ABC president, claims the legal right to be a member of the +angguniang Bayan by virtue of +ection #42 of B.,. Blg. ''B. 6owever, his right thereto is not self)eCecutory, for the law itself requires another positive act )) an appointment by the ,resident or the secretary of local government per 7.8. '4%. 5hat private respondent could have done in order to be able to reassume his post after AquinoDs resignation was to see a reappointment from the ,resident or
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the secretary of local government. By and large, private respondent cannot claim an absolute right to the office which, by his own actuations, he is deemed to have relinquished.
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5e reiterate our ruling in Aparri vs. Court of Appeals3

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A public office is the right, authority, and duty created and conferred by law, by which for a given period, either fiCed by law or enduring at the pleasure of the creating power, an individual is invested with some portion of the sovereign functions of the government, to be eCercised by him for the benefit of the public C C C. 0he right to hold a public office under our political system is therefore not a natural right. ;t eCists, when it eCists at all, only because and by virtue of some law eCpressly or impliedly creating and conferring it C C C. 0here is no such thing as a vested interest or an estate in an office, or even an absolute right to hold office. 7Ccepting constitutional offices which provide for special immunity as regards salary and tenure, no one can be said to have any vested right in an office or its salary C C C.<
T.2r$ I""u + Salary 6aving ruled that private respondent had voluntarily abandoned his post at the +angguniang Bayan, he cannot be entitled to any bac salaries. Basic is the 4no wor , no pay< rule. A public officer is entitled to receive compensation for services actually rendered for as long as he has the right to the office being claimed. 5hen the act or conduct of a public servant constitutes a relinquishment of his office, he has no right to receive any salary incident to the office he had abandoned.
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45EREFORE, the petition is *RA-07! and the Assailed !ecision is R717R+7! and +70 A+;!7. -o costs. SO ORDERED. !arvasa, C."., #C$airman%, &omero, 'elo, and (rancisco, ""., concur.

&ollo, pp. %A)'#. +eventh !ivision composed of &. !elilah 1idallon):agtolis, ponenteG and "". Antonio :. :artine@ =chairman> and /ermin A. :artin, &r., concurring. "'$ ,resided by &udge -ilo B. Barsaga.
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Assailed !ecision, p. #%G &ollo, p. '#. +ometimes referred to as the Association of Barangay Captains. 6is resignation reads3

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4;n view of my designation as :ember of the +angguniang ,anlalawigan of the province of Catanduanes by the +ecretary of the !epartment of ?ocal *overnment, effective &une #5, #((A, ; am tendering my resignation as member of the +angguniang Bayan of +an Andres, Catanduanes effective &une #5, #((A.< Records, pp. %., 5%, 22 and #5'.
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;t states3

4+ec. 5A. ,ermanent 1acancies in ?ocal +anggunians. ) ;n case of permanent vacancy in the sangguniang panlalawigan, sangguniang panlungsod, sangguniang bayan,or sangguniang barangay, the ,resident of the ,hilippines, upon recommendation of the :inister of ?ocal *overnment, shall appoint a qualified person to fill the vacancy in the sangguniang panlalawigan and the sangguniang panlungsodG the governor, in the case of sangguniang bayan membersG or the city or municipal mayor, in the case of sangguniang barangay, the appointee shall come from the political party of the sanggunian member who caused the vacancy, and shall serve the uneCpired term of the vacant office.D ".$ Records, p. 5'. "($ Records, pp. 54)55.
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%AA +CRA 5#%, August #%, #((#. Id., pp. 5%.)5%(. Records, pp. #%)#'. Records, pp. .)(. Records, p. #4.

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Re3 4Reorgani@ation of the Latipunan ng mga Barangay at All ?evelsG *uidelines on the 7lection of 0heir 8fficers and for 8ther ,urposes.<
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Records, pp. #B)#.. Resolution -o. %., s. of #((%G records, pp. #A)##. Records, pp. #()%A. Records, pp. %#)%'. !ecision of the R0C, pp. 2)BG records, pp. %'A)%'#. ;t states3

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40he duly elected presidents of the liga at the municipal, city and provincial levels, including the component cities and municipalities of :etropolitan :anila, shall serve as eC)officio members of the sangguniang bayan, sangguniang panlungsod, and sangguniang panlalawigan, respectively. 0hey shall serve as such only during their term of office as presidents of the liga chapters, which in no case shall be beyond the term of office of the sanggunian concerned.<
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0he law too effect on &anuary #, #((%. =+ee +ection 5'2.> ;ssued by then !;?* +ecretary Cesar -. +arino on &une %(, #((%. 0he relevant portion thereof reads3

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4C C C being actually and in legal contemplation, part of the principal office, it follows that the incumbent president of the ABC may li ewise be allowed to continue his eC)officio membership in the sanggunian concerned as a consequence of his continuance in office as liga president, until such time that his successor thereto shall have been elected and duly qualified.< 0his case was deemed submitted for decision upon this CourtDs receipt of private respondentDs :emorandum on :ay ., #((2.
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&ollo, pp. BA).%. ,etitionerDs :emorandum, p. 5G &ollo, p. B4. =All caps in the original.> :emorandum for the ,etitioner, pp. 5).G &ollo, pp. B4)BB.

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#2% +CRA .#%, .#(, &une %., #(... +ee also *amboa vs. Court of Appeals, #A. +CRA #, .)(, +eptember 'A, #(.#.
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*amboa vs. Court of Appeals, #A. +CRA #, ()#A, +eptember 'A, #(.#. +ee also *on@ales vs. 6ernande@, % +CRA %%., %'%, :ay 'A, #(2#G 2' Am &ur %d, M #2#, pp. B%B)B%..
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;t states3

4Any public officer who, before the acceptance of his resignation, shall abandon his office to the detriment of the public service shall suffer the penalty of arresto mayor.

4;f such office shall have been abandoned in order to evade the discharge of the duties of preventing, prosecuting or punishing any of the crime falling within 0itle 8ne, and Chapter 8ne of 0itle 0hree of Boo 0wo of this Code, the offender shall be punished by prision correccional in its minimum and medium periods, and by arresto mayor if the purpose of such abandonment is to evade the duty of preventing, prosecuting or punishing any other crime.< Supra note %(. +ee also :artin and :artin, Administrative ?aw, ?aw of ,ublic 8ffices and 7lection ?aw, #(.' edition, p. #B2)#BB, citing 7dward vs. J.+. #A' J+ 4B#G -achura, 8utlineHReviewer in ,olitical ?aw, #((2 ed., p. %22G and, +ibal, 0he law on ,ublic 8ffices and 8fficers, #((' edition, p. #2B. +ee also 2' Am &ur %d M #2', p. B%( and 2B C&+ M BA', p. 45#.
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5ords and ,hrases, 1ol. #, p. #%B, citing Board of ComDrs of !earbon County v !roege, ;nd.App., 22 -.7. %d #'4, #'..
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5ords and ,hrases, 1ol. #, p. #%2, citing +tate eC rel. /lynn v. 7llis, (. ,.%d .B(, ..#, ##A :ont. 4'G ,eople eC el. 5arren v. Christian, #%' ,.%d '2., 'B5, 'BB, 5. 5yo. '(G +teingruber v. City of +an Antonio, 0eC.Com.App., %%A +.5. BB,B..
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&orge vs. :ayor, #A +CRA ''#, ''5, /ebruary %., #(24, citing 0eves vs. +indiong, .# ,hil. 25., 224) 225, 8ctober %#, #(4..
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+ibal, 0he ?aw on ,ublic 8ffices and 8fficers, #((' ed., p. #(A. +ee also 2' Am &ur %d, M #2., p. B'%. +ibal, op. cit., p. #.5.

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5ords and ,hrases, 1ol. #, p. #%2, citing :cCall v. Cull, B5 ,.%d 2(2, 2(., 5# Ari@. %'B. +ee also +antiago vs. Agustin, 42 ,hil. #4, #., &uly #(, #(%4.
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Ibid., pp. #%5)#%2, citing 5il inson v. City of Birmingham, 2. +o. (((, #AA%, #(' Ala. #'(. +ee also Airoso vs. !e *u@man, 4( ,hil. 'B#, 'B', +eptember B, #(%2.
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Ibid., pp. #A%)#A%, citing 0uc er v. 7dwards, 8 l.m 'B2 ,.%d %5', %55G Conway v. /abian, .( ,.%d #A%%, #A%(, #A. :ont. %.BG *lot@er v. Leyes, 5 A.%d #, ', 4, #%5 Conn. %%BG +har iewie@ v. ?epone, (2 A.%d B(2, B(B, #'( Conn. BA2G Collins vs. ?ewis, #4( A. 22., 22(, ### Conn. %((G Billings v. :cdaniel 2A +.7.%d 5(%, 5(4, %#B +.C. %2#G Cottrell v. Caniel, %A5 +.5.%d (B', (B5, 'A 0ennn.App. ''(G Li@@iar v. ,ierce, %%2 ,.%d (4#, (45, %A4 8 l. 5#G 6olly 6ill ?umber Co. vs. *rooms, #2 +.7.%d .#2, .%#. #(. +.C. ##.G 7dwards v. 7dwards, 22 +o.%d (#(, (%#, %5( Ala. 'B4G 6off v. *irdler Corp. !oherty v. Russell, #A# A. 'A5, 'A2, ##2 :e. %2(.
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:emorandum for ,etitioner, pp. ()#AG &ollo, pp. B.)B(.

Resignation is not a requisite in abandonment. 6owever, it is viewed as an eCpress manifestation of oneDs intention to relinquish his right to office.
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0riste vs. ?eyte +tate College Board of 0rustee, #(% +CRA '%2, ''5, !ecember #B, #((A ;n his boo 0he ?aw of 8ffices and 8fficers, M 4'5, pp. %B.)%B(.

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;ssued on -ovember %., #(.., by then ,resident Cora@on C. Aquino 4delegating to the +ecretary of ?ocal *overnment the power to appoint certain local officials under +ections 4%=4>, 4.='>, 4(=%>, #42=#> and =%>, #B'=#> and =5>, and %A5=%> of the ?ocal *overnment Code, as amended.<
"44$

?aches is the failure or neglect, for an unreasonable and uneCplained length of time, to do that which, by eCercising due diligence, could or should have been done earlierG it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it. =0i9am vs. +ibonghanoy, %' +CRA %(, '5, April #5, #(2..>
"45$ "42$

#%B +CRA %'#, %'B)%'., &anuary '#, #(.4, per :a asiar, &. Celerian vs. 0antuico, &r., #(A +CRA #, 2, +eptember %4, #((A. 2' Am &ur %d, M '2#, p. .45 and M 4A#, pp. .B4).B5. 2' Am &ur %d, M 4A#, pp. .B4).B5.

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