Case Digest (G.R. No. 91548)
Facts:
Tomas N. Joson III v. Narciso S. Nario, Luis T. Santos, and Sendon O. Delizo, G.R. No. 91548, July 13, 1990, the Supreme Court En Banc, Narvasa, J., writing for the Court. The petition arose from competing claims to the offices of Vice‑Governor and Acting Governor of the Province of Nueva Ecija following events in December 1989–January 1990.On December 7, 1989, Governor Eduardo L. Joson took an indefinite sick leave, and as Vice‑Governor Narciso N. Nario he assumed the functions of Acting Governor pursuant to the Local Government Code (B.P. Blg. 337). On December 18, 1989, Nario signed a written waiver of his right to act as governor in favor of Senior Board Member Tomas N. Joson III, effective December 19; Joson thereupon took the oath as Acting Governor on December 19.
On December 22, 1989, Nario tendered a voluntary resignation as Vice‑Governor effective that same day to Secretary Luis T. Santos of the Department of Local Governments. On December 23 Joson took his oath as Vice‑Governor, and on December 26 he forwarded to Secretary Santos an indorsement transmitting Nario’s resignation and advising of his assumption of the vice‑gubernatorial office pursuant to Section 49(1) of B.P. Blg. 337.
After further medical examination, Nario on January 2, 1990 wrote Secretary Santos withdrawing both his resignation and his waiver as Acting Governor and asked that they be treated as without legal force. On January 3, 1990, Secretary Santos wrote Nario that, for all legal intents and purposes, he was considered Vice‑Governor and directed him to discharge the powers of that office; the Secretary also designated Nario as Acting Governor pursuant to Section 52 of the Local Government Code. Nario took his oath as Acting Governor the same day. Secretary Santos also sent Joson a letter directing him to cease and desist from exercising the powers of Provincial Governor.
On January 4, 1990 Joson filed before the Regional Trial Court (RTC), Branch 26, Cabanatuan City, Civil Case No. 746‑AF, a petition for prohibition and injunction with prayer for a restraining order; the Executive Judge, Hon. Sendon O. Delizo, issued a status quo order the same day. After hearing on January 12, 1990, Judge Delizo rendered judgment on January 15, 1990 dismissing Joson’s petition and lifting the temporary restraining order. The RTC relied on precedents holding that acceptance by the proper authority is necessary for a public officer’s resignation to be effective and also invoked exhaustion of administrative remedies (citing Punsalan v. Mendoza and Rosales v. Court of Appeals).
On January 17, 1990 Joson filed a petition for review on certiorari under Rule 45 with the Supreme Court seeking reversal of the RTC decision, a declaration that Nario’s withdrawal of resignation was illegal and that Joson’s assumption of the offices of Vice‑Governor and Acting Governor was valid, and nullification of Secretary Santos’s designation of Nario as Acting Governor. Joson argued that, unlike sanggunian members whose resignations take effect upon acceptance by the sanggunian, the Lo...(Subscriber-Only)
Issues:
- Was Joson’s petition premature for failure to exhaust administrative remedies?
- Whether a voluntary resignation of a Vice‑Governor is effective without acceptance by the proper authority, and thus whether Nario’s resignation created a vacancy that allowed Joson to assume the offices of Vice‑Govern...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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