__________________________

DILG-Province of _________

Dear __________________,

Greetings!

I am a __________________________. With your indulgence, I am writing to

respectfully ask a legal opinion about a case we are handling.

The facts of the case are as follows: A client came to our office because she was
ousted from her position as SK Municipal Federation President. The incident
started from the day before the election of SK Municipal Federation Officers. She
was made to sign a post-dated (June 06, 2019) “irrevocable” resignation letter so
that she will remain unopposed in her candidacy as President. The letter indicates
that the effectivity of her resignation is on June 28, 2019.

Later on, on June 03, 2019, she wrote a letter of revocation, stating therein that any
resignation letter that may surface bearing her signature was not voluntarily written
by her and she has no intention to resign in her position. The same letter was
received by the Office of the Sanggunian Bayan on June 04, 2019.

On July 17, 2019, a resignation letter bearing our client’s signature was received
by the Office of the Sanggunian Bayan from an unidentified person. Thereafter, the
letters of resignation and revocation was never acted upon by the Presiding Officer
of the Sanggunian Bayan.

On August of 2019, the Presiding Officer referred the matter to the Committee on
Good Government for resolution. The Committee Head asked our client whether or
not she has the intention to resign, she manifested that she has no such intention
and will not surrender her position. Because, the acceptance should be made by the
Presiding Officer, the matter was referred back to him. On the same month, the
Presiding Officer issued certificates confirming that our client is still active as SK
Federation President and Ex-Officio Member of the Sangguniang Bayan.
However, on November 28, 2019, that my client received a letter from the
Presiding Officer stating that he is accepting her resignation effective on
November 29, 2018.

Based on the facts, I would like to seek your legal opinion on the following
questions:

1. Whether or not there is a valid and legal basis for accepting a

resignation letter not personally tendered by the resignee and without
ascertaining as to the due execution and intention of the resignee?

2. Whether or not an “irrevocable” resignation letter can be revoked prior

to the acceptance of the accepting officer?

3. Whether or not an Accepting Officer can still accept a resignation letter

that was revoked or cancelled?

4. What are the possible administrative and/or judicial remedies under the
law that my client can resort to in view of the above-mentioned
circumstances?

We greatly appreciate your immediate response on this matter.

Thank you.

For the Firm,