G.R. No. 78957 - Ortiz vs. Commission on Elections

Petitioner Mario D. Ortiz was appointed Commissioner of the Commission on Elections (COMELEC) by President Ferdinand E. Marcos on July 30, 1985 for a term expiring May 17, 1992, and took his oath the same day.
On March 5, 1986, Ortiz and two other commissioners submitted “courtesy resignations” to President Corazon C. Aquino, placing their positions “at [her] disposal” in view of the newly established revolutionary government.

Proclamation No. 3 (the “Freedom Constitution”), promulgated March 25, 1986, provided that all 1973 Constitution appointive officials continue until successors qualify, and that those separated by reorganization “shall, if entitled under the laws then in force, receive the retirement and other benefits accruing thereunder.”
Following the Proclamation, COMELEC initially approved retirements of certain commissioners in April 1986 (Resolutions Nos. 86-2364 and 86-2370).

On July 21, 1986, the Deputy Executive Secretary informed Acting Chairman Felipe of the President’s acceptance “with regrets” of the courtesy resignations of Commissioners Marquinez, Ortiz, Agpalo, and Layosa, effective immediately. A new COMELEC membership was then appointed.
Ortiz and the other former commissioners filed applications for retirement benefits under Republic Act (RA) No. 1568, as amended by RA 3595 and re-enacted by RA 6118, claiming entitlements to lump-sum pay and life annuity.

In En Banc Resolution No. 86-2491 (Aug. 13, 1986), COMELEC revoked its earlier retirements and denied applications of Marquinez, Agpalo, Ortiz, and Layosa, holding they were not entitled to benefits under RA 1568. A motion for reconsideration was denied on October 1, 1986.
Ortiz appealed to the Commission on Audit (COA) in December 1986; after no substantive action, he filed on July 9, 1987 a petition for certiorari (and mandamus) before the Supreme Court, alleging grave abuse of discretion by COMELEC and COA in denying his claim.

Whether Ortiz’s “courtesy resignation” and subsequent removal under the Freedom Constitution constituted a resignation that disqualifies him from retirement benefits under RA 1568, as amended and re-enacted.
Whether, absent a valid resignation, Ortiz is entitled to retirement pay and life annuity under RA 1568, as amended by RA 3595 and re-enacted by RA 6118, and protected by Proclamation No. 3, Article III, Section 3.