Political Law, 2011 Bar — Question 17

MULTIPLE CHOICE

The new Commissioner of Immigration, Mr. Suarez, issued an Office Order directing the top immigration officials to tender courtesy resignation to give him a free hand in reorganizing the agency. In compliance, Director Sison of the Administrative Department tendered his resignation in writing which Mr. Suarez immediately accepted. Director Sison went to court, assailing the validity of his courtesy resignation and Mr. Suarez’s acceptance of the same. Will the action prosper? (A) No, Director Sison tendered his resignation and it was accepted. (B) No, estoppel precludes Director Sison from disclaiming the resignation he freely tendered. (C) Yes, for so long as no one has yet been appointed to replace him, Director Sison may still withdraw his resignation. (D) Yes, Director Sison merely complied with the order of the head of office; the element of clear intention to relinguish office is lacking.

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