Republic vs. Singun

Facts:

Republic of the Philippines represented by the Department of Trade and Industry, Regional Office No. 2 (DTI-RO2), petitioner, vs. Winston T. Singun, respondent, G.R. No. 149356, March 14, 2008, First Division, Carpio, J., writing for the Court.

Respondent was Chief Trade and Industry Development Specialist of DTI-RO2, Cagayan. Beginning 20 October 1999, respondent submitted successive written requests: first a long leave of absence and an intention to retire on 1 August 2000; then on 4 and 8 November 1999 applications for leave of absence and resignation; and on 12 November 1999 a shortened leave (16 November 1999 to 14 January 2000) and a letter signifying resignation effective at the close of office hours on 14 January 2000. Regional Director Jose Hipolito (Director Hipolito) approved the 12 November 1999 leave and purportedly accepted the resignation the same day and notified CSC-RO2.

On 14 January 2000, DTI received a facsimile of Memorandum Order No. 20 from Undersecretary Ernesto M. Ordonez directing respondent to report to the Office of the Undersecretary effective 17 January 2000. On 17 January 2000 respondent sent a letter to Director Hipolito withdrawing his 14 January 2000 resignation, explaining he intended to wait to qualify for early retirement. Director Hipolito sought CSC-RO2 opinion whether respondent was already considered resigned as of 12 November 1999.

In CSC-RO2 Opinion No. LO-000202 (2 February 2000) Atty. Soria opined respondent was resigned effective 14 January 2000 because respondent tendered a written resignation and Director Hipolito accepted it in writing; withdrawal required the approver’s consent. Director Hipolito thereafter informed Undersecretary Ordonez that respondent had resigned and that respondent accepted employment with Philippine Rural Banking Corporation (PRBC) during his leave.

Respondent protested, alleging his resignation was made under duress and that he was not notified of acceptance. After correspondence and fact-finding requests, CSC-RO2 in Decision No. A-000601 (5 June 2000) denied reconsideration and maintained respondent was resigned. Respondent elevated the matter to the Civil Service Commission (CSC) National Office.

On 27 November 2000, the CSC (National) rendered Resolution No. 002651 declaring respondent’s resignation inoperative and inefficacious and ordering payment of salaries and benefits from 1 January 2000; it reasoned there was no proof respondent was duly notified of acceptance and that Undersecretary Ordonez’s detail constituted a tacit revocation of the regional director’s supposed acceptance. Petitioner moved for reconsideration; CSC denied it in Resolution No. 010843 (27 April 2001).

Petitioner appealed to the Court of Appeals which, in its 1 August 2001 Decision in CA-G.R. SP No. 64953, affirmed the CSC National resolutions, finding substantial evidence s...(Pro-only)

Issues:

• Was Winston T. Singun's resignation from DTI-RO2 effective as of 14 January 2000?
• Did Undersecretary Ordonez’s detail order of 14 January 2000 operate to withdraw or otherwise affect the purported acceptance of responden...(Pro-only)

Ruling:

• (Pro-only)

Ratio:

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Doctrine:

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