Jarque v desierto 250 scra 111995 2ombudsman

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Unformatted text preview: ave rendered at least 20 service years Q: Who are the accepting authorities for resignation? A: 1. For appointed officers the tender of resignation must be given to the appointing authority. 2. For elected officers, tender to officer authorized by law to call an election to fill the vacancy. The following authorized officers are: a. Respective chambers – For members of Congress; b. President – For governors, vice‐ governors, mayors and vice‐ mayors of highly urbanized cities POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. LAW ON PUBLIC OFFICERS c. d. e. and independent component cities; Provincial governor – For municipal mayors and vice‐mayors, city mayors and vice‐mayors of component cities; Sanggunian concerned – For sanggunian members; Municipal/city mayors – For barangay officials. Q: What is courtesy resignation? A: It cannot properly be interpreted as resignation in the legal sense for it is not necessarily a reflection of a public official's intention to surrender his position. Rather, it manifests his submission to the will of the political authority and the appointing power. (Ortiz V. COMELEC, G.R. No. 78957 June 28, 1988) Q: What is removal? A: Forcible and permanent separation of the incumbent from office before the expiration of the public officer's term. (Feria, Jr.. v. Mison, G.R. No. 8196, August 8, 1989) Q: What is recall? A: It is an electoral mode of removal employed directly by the people themselves through the exercise of their right of suffrage. It is a political question not subject to judicial review. It is a political question that has...
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This document was uploaded on 03/12/2014.

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