Zubiri faces criminal rap over resignation

Santiago

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By: Maila Ager
@MAgerINQ

INQUIRER.net
11:33 AM August 4th, 2011
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MANILA, Philippines Resigned Senator Juan Miguel Zubiri could face the crime of
abandonment of office, which carries a penalty of six months imprisonment, if he resigns
without the approval of the Senate, Senator Miriam Defensor- Santiago warned on Thursday.
Until the Senate accepts his resignation, Santiago said Zubiri should continue reporting for
work.
The Penal Code prohibits the crime of abandonment of office. It is committed by any public
officer who, before the acceptance of his resignation, shall abandon his office to the
detriment of the public service, she said in a statement.
So if Zubiri would stop reporting to the Senate, Santiago said he would run the risk of facing
a penalty of one to six months imprisonment.
Santiago quoted a classic authority on the law of public officers, Floyd Mechem, who said
that Mere presentation of a resignation does not work a vacancy, and a resignation is not
complete until accepted by proper authority. Until accepted by the proper authority, the
public officer may certainly resign, but without acceptance, his resignation is nothing, and he
remains in office.

In the 1990 case of Joson v. Nario, Santiago said, the Supreme Court ruled that Acceptance
is necessary for the resignation of a public officer to be operative and effective, otherwise the
officer is subject to the penal provisions of Article 238 of the Penal Code.
Santiago also explained that because Zubiri resigned from the pressure of what he perceived
to be adverse public opinion, his resignation should be considered merely a courtesy
resignation.
A courtesy resignation is not a resignation in the legal sense, she said, citing the 1988 case
of Ortiz v. Comelec, where the Supreme Court ruled: A courtesy resignation cannot properly
be interpreted as a resignation in the legal sense if it is not necessarily a reflection of a public
officials intention to surrender his position.
The senator likewise cited the 2001 case of Estrada v. Desierto, where the Supreme Court
ruled: There must be an intent to resign, and an intent must be coupled by acts of
relinquishment.
So if the Senate decides to vote on Zubiris resignation, Santiago said she would vote no
because she said his resignation should be effective only after the Senate Electoral Tribunal
issues a decision on the electoral protest filed against Zubiri by Aquilino Pimentel III.
If Zubiri leaves office, and Pimentel is not yet declared the winner of that office, the
position of senator will remain vacant, causing detriment to the public service, she further
said.