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Sangguniang Bayan of San Andres, et al. vs. CA, et al.

SANGGUNIANG BAYAN OF SAN ANDRES, CATANDUANES, Represented by VICE MAYOR NENITO AQUINO and MAYOR LYDIA T. ROMANO, petitioner, vs. COURT OF APPEALS and AUGUSTO T. ANTONIO, respondents.

G.R. No. 118883 | 1998-01-16

D E C I S I O N

PANGANIBAN, J:

Although a resignation is not complete without an acceptance thereof by the proper authority, an office may still be deemed relinquished through voluntary abandonment which needs no acceptance.

Statement of the Case

Before us is a petition for review under Rule 45 of the Rules of Court seeking a reversal of the Decision 1 of the Court of Appeals 2 promulgated on January 31, 1995 in CA-G.R. SP No. 34158, which modified the Decision dated February 18, 1994 of the Regional Trial Court 3 of Virac, Catanduanes, Branch 42, in Sp. Civil Case No. 1654.

The dispositive portion of the assailed Decision of the...