G.R. No. 91548 - Joson III vs. Nario

Case Summary (G.R. No. 91548)

Factual Background

On December 7, 1989, Governor Eduardo L. Joson of Nueva Ecija took an indefinite sick leave, producing a temporary vacancy in the governorship. By virtue of the Local Government Code, Vice-Governor Narciso S. Nario assumed the office of Acting Governor. Nario fell ill soon thereafter and on December 18, 1989 executed a written waiver that purported to relinquish his right to assume the Acting Governorship in favor of Senior Board Member Tomas N. Joson III, effective December 19, 1989. Joson took his oath as Acting Governor on December 19, 1989.

Waiver and Tendered Resignation

On December 22, 1989 Nario tendered a voluntary resignation as Vice-Governor effective at the close of office hours that day. On December 23, 1989 Joson took oath as Vice-Governor and on December 26, 1989 forwarded to Secretary Santos an indorsement that communicated Nario’s resignation and advised that Joson had assumed the vice‑governorship pursuant to Section 49(1) of Batas Pambansa Blg. 337. After further medical examination, Nario on January 2, 1990 wrote Secretary Santos withdrawing both his waiver as Acting Governor and his resignation and requesting that they be treated as without legal force and effect.

Administrative Acts of the Secretary of Local Governments

Secretary Luis T. Santos responded promptly. On January 3, 1990 he informed Nario that, for all legal intents and purposes, Nario was considered Vice-Governor and must discharge the powers and duties of that office. The Secretary then designated Nario as Acting Provincial Governor pursuant to Section 52 of the Local Government Code and directed him to exercise the powers of that office during the prescribed period. The Secretary issued a separate communication to Joson directing him to cease and desist from performing any functions of the Provincial Governor.

Petitioner’s Judicial Proceedings

On January 4, 1990 petitioner Tomas N. Joson III filed a petition in the Regional Trial Court, Cabanatuan City, docketed Civil Case No. 746-AF, seeking prohibition and injunction with a restraining order. The Executive Judge, Hon. Sendon O. Delizo, issued a status quo order the same day. Oppositions were filed by the Solicitor General on behalf of Secretary Santos and by counsel for Acting Governor Nario. A hearing took place on January 12, 1990.

Trial Court Ruling

On January 15, 1990 Judge Sendon O. Delizo dismissed Joson’s petition and lifted the temporary restraining order. The judge held that under prevailing jurisprudence acceptance was necessary for the resignation of a public officer to be operative and effective, citing Punsalan v. Mendoza. The judge further concluded that Joson prematurely sought judicial relief without exhausting administrative remedies and relied on Rosales v. Court of Appeals in that regard.

Issues Presented on Certiorari

Before the Supreme Court petitioner sought reversal of the Regional Trial Court decision, declaration that Nario’s withdrawal of his resignation was illegal and without effect, affirmation of Joson’s assumption as Vice-Governor and Acting Governor, and nullification of Secretary Santos’s designation of Nario as Acting Governor on January 3, 1990. Petitioner argued that because the Local Government Code did not fix the moment at which a vice‑governor’s resignation became effective, the resignation should be construed to take effect on the date specified therein without need of acceptance and that the statutory succession scheme demonstrated that acceptance was unnecessary.

The Parties’ Contentions

Joson emphasized the omission in the implementing rules and in the Code regarding the mechanism for a vice‑governor’s resignation and relied on the Code’s succession provision that a sanggunian member with the largest vote shall ipso jure succeed to the vice‑governorship, arguing that this indicated acceptance was unnecessary. Respondents maintained that established doctrine required acceptance by the proper authority for a resignation of public office to become operative, that a tendered resignation remained revocable until acceptance, and that Secretary Santos possessed the discretion to accept or reject the resignation and to treat Nario as Vice‑Governor.

Supreme Court’s Legal Reasoning

The Court reaffirmed the rule that a public officer’s resignation is ineffectual until accepted by the proper authority and that mere tender of resignation does not create a vacancy. The Court relie

Case Syllabus (G.R. No. 91548)

Parties and Procedural Posture

TOMAS N. JOSON III, PETITIONER was a Senior Sangguniang Panlalawigan member who assumed the office of Vice‑Governor and later served as Acting Governor of Nueva Ecija.
NARCISO S. NARIO was the elected Vice‑Governor of Nueva Ecija who tendered a written waiver of the right to act as Governor, then tendered a voluntary resignation as Vice‑Governor, and subsequently wrote to withdraw both instruments.
LUIS T. SANTOS, in his capacity as Secretary of Local Governments, RESPONDENT, was the official to whom Nario transmitted his resignation and withdrawal, and who communicated official designations and directives concerning the vice‑gubernatorial and gubernatorial offices.
SENDON O. DELIZO, in his capacity as Judge of the Regional Trial Court, Branch 26, at Cabanatuan City, RESPONDENT, was the trial judge who dismissed petitioner’s petition for prohibition and injunction and lifted a status quo order.
The petitioner filed a petition for prohibition and injunction in the Regional Trial Court seeking to restrain Nario and to sustain petitioner’s assumption of the offices of Vice‑Governor and Acting Governor.
After the trial court dismissed the petition and lifted the temporary restraining order, the petitioner filed a petition for review on certiorari with the Court seeking reversal of the trial court decision and declarations concerning the validity of Nario’s resignation and subsequent designation as Acting Governor.

Key Facts

The Governor of Nueva Ecija took an indefinite sick leave on December 7, 1989, creating a temporary vacancy in the governorship.
NARCISO S. NARIO, as Vice‑Governor, initially filed a written waiver on December 18, 1989, expressly waiving his right to assume the position of Acting Governor in favor of TOMAS N. JOSON III, effective December 19, 1989.
NARCISO S. NARIO tendered a voluntary resignation as Vice‑Governor by letter dated December 22, 1989, effective at the close of office hours that day.
TOMAS N. JOSON III took the oath as Acting Governor on December 19, 1989, and subsequently took the oath as Vice‑Governor on December 23, 1989, after Nario’s resignation.
On December 26, 1989, TOMAS N. JOSON III formally forwarded Nario’s resignation to LUIS T. SANTOS and advised of his assumption of the office of Vice‑Governor purportedly pursuant to Section 49(1) of B.P. Blg. 337.
On January 2, 1990, NARCISO S. NARIO withdrew his waiver and resignation by letter to LUIS T. SANTOS, asserting they were without legal force and effect.
On January 3, 1990, LUIS T. SANTOS advised NARCISO S. NARIO that he was considered for all legal intents and purposes as Vice‑Governor, designated him Acting Governor pursuant to Section 52 of B.P. Blg. 337, and directed TOMAS N. JOSON III to cease and desist from performing gubernatorial functions.
TOMAS N. JOSON III obtained a status quo order from the Executive Judge but was later met with dismissal of his petition by Judge SENDON O. DELIZO after hearing.

Statutory Framework

The contested succession and designation issues arose under the Local Government Code (B.P. Blg. 337), including Section 49(1) concerning succession to the office of Vice‑Governor and Section 52 concerning designation of an Acting Governor.
The Court relied on Article 238 of the Revised Penal Code as authority supporting the rule that abandonment of office before acceptance of resignation may constitute a penal offense.
The Rules and Regulations Implementing the Local Government Code were noted as not providing a special mechanism for the resignation of a Vice‑Governor.

Issues

Whether the voluntary resignation tendered by NARCISO S. NARIO as Vice‑Governor be