Blog Lecture No. 23: Presidential Resignation

Ok class! Now it’s time to discuss a topic relevant due to the lack thereof: Presidential Resignation.

What is resignation?

Resignation is an act of giving up of the act of an officer by which he renounces his office indefinitely. Resignation implies an expression of an incumbent in some form, express or implied, of the intention to surrender, renounce, relinquish the office. (Taken from Justice Vitug’s Concurring Opinion in Estrada vs. Arroyo, G.R. No. 14638, 02 March 2001)

What are the requisites of a valid resignation?

In order to constitute a complete and operative act of resignation, the officer or employee must show:

1. A clear intention to relinquish or surrender this position
2. Accompanied by an act of relinquishment.

What are the kinds of resignation?

The validity of a resignation is not a governed by any formal requirement as to form. It can be oral. It can be written. It can be express. It can be implied. As long as the resignation is clear, it must be given legal effect. (Majority Opinion, Estrada vs. Arroyo, as cited above)

Can you give a concrete example?

If you propose, in a public statement some few days back, to call for a “snap election” where you will not be a candidate, negotiate for a “graceful exit”, then state you “will leave Malacañang Palace, the seat of the presidency of this country, for the sake of peace and in order to begin the healing process of our nation, xxx leave the Palace of our people with gratitude for the opportunities given to me for service to our people,” you do not need to say explicitly that you are resigning. The totality of actions will clearly indicate that you have resigned and you cannot take that back, especially on matters as serious as the presidency.

Then what happens when a president resigns?

In cases such as this (as in the case of death, permanent disability or removal by impeachment), the process of presidential succession begins…

Also, voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected (Section 4, Article VII, 1987 Constitution). Hence, resignation is a point of no return…

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