This case has been cited 4 times or more.
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2012-07-31 |
PERLAS-BERNABE, J. |
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| "Abandonment of an office is the voluntary relinquishment of an office by the holder with the intention of terminating his possession and control thereof. In order to constitute abandonment of office, it must be total and under such circumstance as clearly to indicate an absolute relinquishment. There must be a complete abandonment of duties of such continuance that the law will infer a relinquishment. Abandonment of duties is a voluntary act; it springs from and is accompanied by deliberation and freedom of choice. There are, therefore, two essential elements of abandonment: first, an intention to abandon and, second, an overt or 'external' act by which the intention is carried into effect."[25] | |||||
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2009-08-13 |
PERALTA, J. |
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| In fine, Gungon is entitled to reinstatement, without qualification, for having been illegally dismissed. A government official or employee reinstated for having been illegally dismissed is considered as not having left his office.[33] His position does not become vacant and any new appointment made in order to replace him is null and void ab initio.[34] | |||||
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2001-12-04 |
PARDO, J. |
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| "As to the alleged abandonment of office, the same is without any basis. It is significant to note that Nuska, in her letter dated 27 August 1995, informed Mayor Adiong that she did not resign and that the termination of her services was not in accordance with existing Civil Service rules and regulations. She requested that she be reinstated to her lawful position and her back salaries be paid accordingly. The foregoing explains that although Nuska was physically absent in the office premises, all the while, she had the intention to return to work. Hence, she could not be deemed to have abandoned or relinquished her right to the position under an appointment with permanent employment status."[23] Generally speaking, a person holding a public office may abandon such office by non-user or acquiescence.[24] Non-user refers to a neglect to use a right or privilege or to exercise an office.[25] However, nonperformance of the duties of an office does not constitute abandonment where such nonperformance results from temporary disability or from involuntary failure to perform.[26] Abandonment may also result from an acquiescence by the officer in his wrongful removal or discharge, for instance, after a summary removal, an unreasonable delay by an officer illegally removed in taking steps to vindicate his rights may constitute an abandonment of the office.[27] | |||||