Back

Mario D. Ortiz vs Comm. On Election etal.

MARIO D. ORTIZ, petitioner, vs. COMMISSION ON ELECTIONS and COMMISSION ON AUDIT, respondents.

G.R. No. 78957 | 1988-06-28

D E C I S I O N


FERNAN, J.:

In this petition for certiorari, petitioner presents before the Court the issue of whether or not a constitutional official whose "courtesy resignation" was accepted by the President of the Philippines during the effectivity of the Freedom Constitution may be entitled to retirement benefits under Republic Act No. 1568, as amended.

Petitioner was appointed Commissioner of the Commission on Elections [COMELEC] by then President Ferdinand E. Marcos "for a term expiring May 17, 1992." 1 He took his oath of office on July 30, 1985.

On March 5, 1986, together with Commissioners Quirino D. Marquinez and...