Sangguniang Bayan of San Andres v. Court of Appeals
REITERATIONFacts
The Antecedents: Augusto T. Antonio was elected barangay captain and subsequently president of the Association of Barangay Councils (ABC) for San Andres, Catanduanes. By virtue of his ABC presidency, he was appointed as a member of the Sangguniang Bayan (SB) of San Andres. When the Secretary of the Department of Interior and Local Government (DILG) declared the election for the provincial Federation of ABC president void, Antonio was temporarily designated as a member of the Sangguniang Panlalawigan (SP) of Catanduanes. In view of this designation, Antonio resigned as a member of the SB on June 14, 1990, and Nenito F. Aquino was appointed as his replacement. Subsequently, the Supreme Court reversed the DILG Secretary's ruling and declared Antonio's appointment to the SP void. On March 31, 1992, Antonio sought to re-assume his position in the SB. The SB issued Resolution No. 6, Series of 1992, denying his re-assumption. The DILG, through Director Jacob F. Montesa, clarified that Antonio had not vacated his SB position and could re-assume it as an ex-officio member, as his designation to the SP was temporary and did not require resignation. Despite this, the SB reiterated its stand. Procedural History: Antonio filed a petition for certiorari and mandamus with preliminary injunction before the Regional Trial Court (RTC). The RTC ruled that Antonio's resignation was ineffective for lack of acceptance and ordered his reinstatement, payment of back salaries, and declared SB Resolutions Nos. 7 & 28, Series of 1992, null and void. The Sangguniang Bayan appealed to the Court of Appeals (CA). The CA modified the RTC decision, affirming the ruling that the resignation was not accepted but deleting the awards for attorney's fees and back salaries, and holding that Resolution Nos. 6 and 28 were valid exercises of the SB's powers. The CA also noted that Antonio's reassumption was no longer feasible due to subsequent elections. The Sangguniang Bayan filed the present petition for review. The Petition: The Sangguniang Bayan of San Andres, Catanduanes, seeks to reverse the Court of Appeals' decision, arguing that respondent Augusto T. Antonio's resignation was complete and effective, or alternatively, that he had abandoned his office.
Issue(s)
Whether respondent's resignation as ex-officio member of the Sangguniang Bayan of San Andres, Catanduanes is deemed complete so as to terminate his official relation thereto. Whether respondent had totally abandoned his ex-officio membership in the Sangguniang Bayan. Whether respondent is entitled to collect salaries similar to those received by other members of the Sangguniang Bayan from April 8, 1992, up to the date of the Regional Trial Court's judgment.
Ruling
The petition is granted. The assailed Decision of the Court of Appeals is reversed and set aside. Private respondent Augusto T. Antonio is deemed to have voluntarily abandoned his post at the Sangguniang Bayan, and thus cannot be entitled to any back salaries.
Ratio Decidendi
On Whether respondent's resignation as ex-officio member of the Sangguniang Bayan of San Andres, Catanduanes is deemed complete so as to terminate his official relation thereto: The Court held that for a resignation to be complete and operative, there must be an intention to relinquish, an act of relinquishment, and an acceptance by the proper authority. The records showed no evidence that private respondent's resignation was accepted by the proper authority. Under Section 6 of Rule XIX of the implementing rules of the Local Government Code of 1983 (B.P. Blg. 337), resignation of sanggunian members must be acted upon by the sanggunian concerned, and the position is deemed vacated only upon acceptance. The resignation letter was addressed only to the municipal mayor, and neither the mayor nor any other official expressly acted on it. Therefore, the third requisite for a valid resignation was absent, and the resignation was not complete and effective. On Whether respondent had totally abandoned his ex-officio membership in the Sangguniang Bayan: Despite the resignation not being formally accepted, the Court found that private respondent Augusto T. Antonio had effectively relinquished his membership in the Sangguniang Bayan due to voluntary abandonment. Abandonment is defined as the voluntary relinquishment of an office with the intention of terminating possession and control thereof, often through nonuser. The Court noted Antonio's failure to perform his duties as a member of the Sangguniang Bayan, his failure to collect remuneration, his failure to object to Nenito F. Aquino's appointment as his replacement, and his prolonged silence and inaction in reassuming his post after his designation to the Sangguniang Panlalawigan was nullified. These acts, coupled with his tendering of resignation and assumption of the Sangguniang Panlalawigan position, demonstrated a clear intention and overt act of abandonment. The Court emphasized that while designation to another post may imply additional duties, Antonio did not concurrently discharge both positions nor express an intention to resume his SB office, thus inferring abandonment. On Whether respondent is entitled to collect salaries similar to those received by other members of the Sangguniang Bayan from April 8, 1992, up to the date of the Regional Trial Court's judgment: Having ruled that private respondent voluntarily abandoned his post at the Sangguniang Bayan, he cannot be entitled to any back salaries. The Court invoked the "no work, no pay" rule, stating that a public officer is entitled to compensation only for services actually rendered as long as they have the right to the office. Since Antonio's conduct constituted a relinquishment of his office through abandonment, he lost any right to receive salary incident to that office. Therefore, the claim for uncollected salaries was denied.
Main Doctrine
While a resignation is not complete without acceptance by the proper authority, an office may still be deemed relinquished through voluntary abandonment, which does not require acceptance.