EXTRADITION DEPORTATION

An act of surrendering a fugitive by one An act of expulsion of an alien who is

state to another where he is wanted for considered undesirable by a local state
prosecution or if already convicted, for but not necessarily his own state.
punishment.

Concept of ASSOCIATION IN INTERNATIONAL LAW

- An association is formed when two states of unequal power voluntarily
establish durable links.
- In the basic model, one state the associate delegates certain
responsibilities to the other the principal while maintaining its international
status as a state.

Principle of DOUBLE CRIMINALITY

- A rule in extradition which states that for a request to be honored, the crime
for which the act of extradition is requested must be a crime of both the
requesting state, and the state on which the runaway fled.

Principle of PERSONALITY OF SUITS

- The state may represent the individual claims of its nationals against another
state.

RECOGNITION OF BELLIGERENCY
- A formal acknowledgment by a 3rd party of the existence of a state of war
between the central government and a portion of that state.

RECOGNITION OF STATES
1. Constitutive Theory that the recognition of the state is the last
indispensable element that converts the state to being recognized into an
international person.
2. Declaratory Theory recognition is merely an acknowledgment of pre-
existing fact that the state being recognized is an international person.

PROTECTIVE PERSONALITY PRINCIPLE

- The principle where the state exercises jurisdiction over acts of an alien,
even if committed outside its territory, IF such acts are adverse to the interest
of national state.

RA 9372 (Human Security Act) provides for extraterritorial application although

physically outside the territorial limits of the PH any person commits or conspires to
commit any of the crimes defined and punished in the act (Terrorism)

FLAG CONVENIENCE
- The state which the vessel is registered for various reasons, such as low or
non-existent taxation.

CONTINENTAL SHELF
- The relatively shallow (up to 200 meters) seabed surrounding a continent

JUS COGENS
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 - A peremptory norm of general international law accepted by the international
community as a whole.
- As a norm from which no derogation is permitted and which can be modified
by a subsequent norm of general international law having the same
character.

PACTA SUNT SERVANDA

- Treaties between parties must be observed in good faith.

REPRISAL
- A retaliatory action against an enemy in wartime

RETORSION
- An act perpetrated by one nation upon another in retaliation or reprisal for a
similar act perpetrated by the other nation

EXEQUATUR
- The authorization given to the consul by the sovereign of the receiving state,
allowing him to exercise his function within the territory

TOBAR / WILSON DOCTRINE

- This precludes recognition of any government established by revolutionary
means until a constitutional reorganization by free election of representatives.

ESTRADA DOCTRINE
- In state dealings, the recognition of a state means the approval of the
government established through political upheaval and likewise the non-
recognition of the government results to its disapproval, in this doctrine it
shows that the other states may not issue a declaration but who merely
accepts whatever government is in effective control without raising the issue
on recognition.
- Hence, an act of dealing or not with a government does not manifest
judgment upon the legitimacy of the said government.

MANDATES AND TRUST TERRITORIES

- The Mandates were the overseas possessions of the defeated states of
Germany and Turkey, which were placed by the League of Nations under the
administration of mandatories to promote their development and ultimate
independence.
- But when the UN replaced the League of Nations, the system of Mandates
was replaced by the System of Trust Territories

AUTO-LIMITATION PRINCIPLE
- A state may, by its consent, express or implied, submit to the restrictions of
its sovereign rights.
- There may thus be a curtailment of what otherwise is a power plenary in
character.

What is the relationship between reciprocity and the principle of auto-

limitation?
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 - By reciprocity, states grant to one another rights or concessions in exchange
for identical or comparable duties, thus acquiring a right as an extension of its
sovereignty, and at the same time, accepting an obligation as a limitation to
its sovereign will, hence a complementation of reciprocity and auto-limitation.

MERCENARY
1. Is specifically recruited locally or abroad in order to fight in an armed conflict;
2. Is motivated to take part in the hostilities essentially by the desire for private gain
and, in fact, is promised, by or on behalf of a party to the conflict, material
compensation substantially in excess of that promised or paid to combatants of
similar rank and functions in the armed forces of that party
3. Is neither a national of a party to the conflict nor a resident of territory controlled
by a party to the conflict;
4. Is not a member of the armed forces of a party to the conflict; and
5. Has not been sent by a State which is not a party to the conflict on official duty as
a member of its armed forces.
6. Is specially recruited locally or abroad for the purpose of participating in a
concerted act of violence aimed at:
a. Overthrowing a Government or otherwise undermining the constitutional order of
a State; or
b. Undermining the territorial integrity of a State;
7. Is motivated to take part therein essentially by the desire for significant private
gain and is prompted by the promise or payment of material compensation;
8. Is neither a national nor a resident of the State against which such an act is
directed; as not been sent by a State on official duty; and
9. Is not a member of the armed forces of the State on whose territory the act is
undertaken

A mercenary shall not have the right to be a combatant or a prisoner of war

A state on whose registry an object launched into outer space retains jurisdiction
over the astronauts while they are in outer space.

Multilateral Conventions on Human Rights

- International Covenant on Civil and Political Rights
- Convention on the Elimination of All Forms of Discrimination Against Women
- Convention on the Rights of the Child
- Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment
- International Convention on the Elimination of All Forms of Racial
Discrimination
- Convention on the Prevention and Punishment of the Crime of Genocide
- Punishing persons committing genocide, whether they are
constitutionally responsible rulers, public officials, or private
individuals.
- International Convention on Economic, Social, and Cultural Rights

Unless it clearly appears that the government has failed to use promptly and with
appropriate force its constituted authority, it CANNOT be held responsible for the

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acts of rebels, for the rebels are not its agents, and their acts were done without its
volition.

If there is a rebellion and a new government is created

- The new government may be held responsible for their illegal acts during the
course of the rebellion if it succeeds in overthrowing the government.

Right to determine the legality of war

- The state who resorted to war allegedly based on self-defense could not rule as
to the legality of said action.

DE FACTO RECOGNITION DE JURE RECOGNITION

Provisional Relatively permanent
Does not vest title in the government to Vests title in the government
its properties abroad
Limited to certain juridical relations Brings about full diplomatic relations

RA 9225 (Citizenship Retention and Re-Acquisition Act of 2003)

By direct act of Congress that upon taking oath of allegiance to the Republic:
a. Natural-born citizens who have lost their PH citizenship by reason of
naturalization as citizens of a foreign country are deemed to have-reacquired
PH citizenship
b. Natural-born citizens of the PH, who after the effectivity of the said RA
become citizens of a foreign country shall retain their PH citizenship.
(Note: Under this act, they have been deemed to have been restored to their status
as natural-born citizens.)

- Under Sec 18 of RA 9225, only the unmarried children who are below 18 of those
who reacquire PH citizenship shall be deemed Filipino citizens.

There is no provision in the Constitution, LGC, or any other laws granting local
legislative bodies the power to cite for contempt.

Ombudsman

Preventive suspension without any duration is invalid, and it violates the right of the
accused to due process.
- GR: One who is under preventive suspension cannot claim any salary for the
period of his preventive suspension.
- EXC: He was exonerated.

Offenses punishable under the Anti-Graph and Corrupt Practices Act prescribe in 10
years.

The Ombudsman can place under preventive suspension any officer under his
disciplinary authority pending an investigation.
- The moment a complaint is filed with the OMB, the respondent is under his
authority.
- Congress intended to empower the OMB to suspend all officers, even if they are
employed in other offices in the government.
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Revised Penal Code

A pardon shall not work the restoration of the right to hold public office, or the right of
suffrage, unless such rights are expressly restored by the terms of the pardon.

A pardon shall in no case exempt the culprit from the payment of the civil indemnity
imposed upon him by the sentence.

There is no identity between consented abduction and qualified seduction.

For double jeopardy to prosper:

1. A first jeopardy has attached
a. Upon a valid complaint or information
b. Before a competent court
c. After arraignment
d. A valid entry of plea; and
e. The dismissal of termination of the case without the express consent
of the accused.
2. The first jeopardy was validly terminated
3. The second is for the same offense

MALICE in Libel
- Malice connotes ill will or spite and speaks not in response to duty but merely to
injure the reputation of the person defamed, and implies an intention to do
ulterior and unjustifiable harm.
- It is present when it is shown that the author of the libelous remarks made such
remarks with knowledge that it was false or with reckless disregard as to the truth
or falsity thereof.
- Malice, however, does not necessarily have to be proven.
- There are two types of malice malice in law and malice in fact.
- Malice in law is a presumption of law. It dispenses with the proof of
malice when words that raise the presumption are shown to have
been uttered. It is also known as constructive malice, legal malice, or
implied malice.
- Malice in fact is a positive desire and intention to annoy and injure. It
may denote that the defendant was actuated by ill will or personal
spite. It is also called express malice, actual malice, real malice, true
malice, or particular malice.
- In this jurisdiction, malice in law is provided in Article 354 of the Revised Penal
Code, which also enumerates exceptions thereto:

Art. 354. Requirement of publicity. - Every defamatory imputation is presumed to be

malicious, even if it be true, if no good intention and justifiable motive for making it is
shown, except in the following cases:

1. A private communication made by any person to another in the performance of

any legal, moral or social duty; and

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2. A fair and true report, made in good faith, without any comments or remarks, of
any judicial, legislative or other official proceedings which are not of confidential
nature, or of any statement, report or speech delivered in said proceedings, or of any
other act performed by public officers in the exercise of their functions.

- There is, thus, a presumption of malice in the case of every defamatory

imputation, where there is no showing of a good intention or justifiable motive for
making such imputation.
- The exceptions provided in Article 354 are also known as qualifiedly privileged
communications.
- The enumeration under said article is, however, not an exclusive list of qualifiedly
privileged communications since fair commentaries on matters of public interest
are likewise privileged.
- They are known as qualifiedly privileged communications, since they are merely
exceptions to the general rule requiring proof of actual malice in order that a
defamatory imputation may be held actionable.

- In other words, defamatory imputations written or uttered during any of the three
classes of qualifiedly privileged communications enumerated above
(1) a private communication made by any person to another in the performance
of any legal, moral or social duty;
(2) a fair and true report, made in good faith, without any comments or remarks,
of any judicial, legislative or other official proceedings which are not of
confidential nature, or of any statement, report or speech delivered in said
proceedings, or of any other act performed by public officers in the exercise of
their functions; and
(3) fair commentaries on matters of public interest may still be considered
actionable if actual malice is proven.

- This is in contrast with absolutely privileged communications, wherein the

imputations are not actionable, even if attended by actual malice:
- A communication is said to be absolutely privileged when it is not actionable,
even if its author has acted in bad faith.
- This class includes statements made by members of Congress in the
discharge of their functions as such, official communications made by
public officers in the performance of their duties, and allegations or
statements made by the parties or their counsel in their pleadings or
motions or during the hearing of judicial proceedings, as well as the
answers given by witnesses in reply to questions propounded to
them, in the course of said proceedings, provided that said
allegations or statements are relevant to the issues, and the answers
are responsive or pertinent to the questions propounded to said
witnesses.
- Upon the other hand, conditionally or qualifiedly privileged communications are
those which, although containing defamatory imputations, would not be
actionable unless made with malice or bad faith.

The requirement to apply for a permit to hold a rally is NOT a prior restraint on
freedom of speech and assembly, because the requirement merely regulates the
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exercise of the right as to the time, place, and manner of the rally to the extent
needed to avoid a clear and present danger of the substantive evil which the State
has the right to prevent.
- The requirement is not content-based, since the content of the speech is not
relevant to the regulation.

DE FACTO MUNICIPAL CORPORATIONS

- The result of a bona fide attempt to incorporate under existing statutory authority,
coupled with the exercise of corporate powers, and recognized by the courts as
such on the ground of public policy in all proceedings.
- EXC: A direct attack by the state questioning its corporate existence.

The right to privacy yields to certain paramount rights to the public and defers to the
exercise of police power.

Taxes on non-useful items may be increased to restrain the number of persons who
might otherwise engage in it.
- Taxes may be imposed for the attainment of the objective of police power.

Confiscation of drivers license by the MMDA without a valid ordinance issued by the
LG giving it such authority is an invalid exercise of police power

The removal of billboards is an exercise of police power, not of eminent domain.

Municipal Corporation by Estoppel

A corporation that is so defectively formed that cannot be classified as a de facto
corporation, but is considered a corporation only to someone who dealt with it.

Doctrine of Necessary Implication

Every statute is understood by implication to contain all such provisions as may be
necessary to effectuate its object and purpose, or to make effective rights, powers,
privileges or jurisdiction which it grants, including all such collateral and subsidiary
consequences as may be fairly and logically inferred from its terms.

Powers of Contempt
Any conduct by any party which tends to directly or indirectly impede, obstruct or
degrade the administration of justice is subject to the contempt powers of the Court.

Principle of co-equal governmental entities

No governmental instrumentality or agency, which both of them are of the same rank
or hierarchy, shall overrule a decision made by the other instrumentality of the same
rank.

Rotational Scheme of Appointments

- Refers to the scheme in which there is a regular recurrence of a 2-year interval
between the expiration of terms of the chairman and the commissioner
- The rotational plan requires 2 conditions, both indispensable to its workability:
1. The terms of the first 3 commissioners should start on a common date; and
2. Any vacancy due to death, resignation or disability before the expiration of
the term should only be filled only for the unexpired balance of the term.
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- Applicable to: JBC, CSC and COA

Requisites for the suit to prosper:

1. The question must be raised by the proper party;
2. There must be an actual controversy
3. The question must be raised at the earliest possible opportunity; and
4. The decision on the constitutional or legal question must be necessary to the
determination of the case.

Effects of declaration of State of Calamity

1. The President's declaration may warrant international humanitarian assistance as
deemed necessary.
2. Calamity funds of the national, LGUs and the barangays can now be used for
disaster-hit areas.
3. Negotiated Procurement may be allowed.
4. The Price Coordinating Council (National and Local) shall convene immediately.
5. Automatic Price Control or Freezing of prices of basic necessities listed under
R.A. 7581 or the Price Act which shall remain effective for the duration of the
condition that brought it about but not more than 60 days.
a. Basic Necessities include rice, corn, cooking oil, sugar and etc. However, it does
not include commercial bottled water.
6. May warrant the need for importation of rice.
7. Automatic Appropriation
8. Entitlement to hazard allowance for Public Health Workers
9. Entitlement to hazard allowance for science and technological personnel of the
government
10. May aggravate a felony
11. Local government units may enact a supplemental budget by way of budgetary
realignment to set aside appropriations for the purchase of supplies and
materials or the payment of services which are exceptionally urgent or absolutely
indispensable to prevent imminent danger to, or loss of, life or property, in the
jurisdiction of the local government unit or in other areas declared by the
President in a state of calamity.
12. The declaration of a state of calamity shall make mandatory the immediate
undertaking of the following remedial measures by the member-agencies
concerned as defined in RA No. 10121:
a. Imposition of price ceiling on basic necessities and prime commodities by
the President upon the recommendation of the implementing agency
b. Monitoring, prevention and control by the Local Price Coordination Council
of overpricing/profiteering and hoarding of prime commodities, medicines
and petroleum products;
c. Programming/reprogramming of funds for the repair and safety upgrading
of public infrastructures and facilities; and
d. Granting of no-interest loans by government financing or lending
institutions to the most affected section of the population through their
cooperatives or people's organizations.

OVERBREADTH DOCTRINE VOID-FOR-VAGUENESS DOCTRINE

A governmental purpose may not be It forbids or requires the doing of an act
achieved by means in a statute which in terms so vague that men of common
8
sweep unnecessary broadly and thereby intelligence cannot necessarily guess at
invades the area of protected freedom a its meaning and differ as to its
statute application

Governmental Instrumentality
Any agency of the national govt not integrated within the departmental framework,
vested with special functions or jurisdiction by law, with some if not all corporate
powers, administering special funds and enjoying operational autonomy, usually
through a charter.

Agency
- Any government a authority other than a court or a legislative body which affects
private rights, either through rule-making or adjudication
- Any department, bureau, office, commission, authority or officer of the national
government authorized by law or executive order to make rules, issue licenses,
grant rights or privileges and adjudicates cases.
- Quasi-judicial body: An administrative body to hear, determine or ascertain facts
and decide rights, duties and obligations of the parties by the application of rules
to ascertain facts.

The President is the sole organ of the government who has the power of control over
foreign relations. Therefore, he has the power prevent aliens from entering the
country.

Ad hoc body (For one specific case)

Elective officials may be appointed to these bodies without forfeiting their elective
positions

Constructive Dismissal
Allowing the employee to report for work without assigning any work, constitutes CD

Deliberative Process Privilege

Applies to the decision making of executive officials and refers to advisory opinions,
recommendations, and deliberations comprising part of process by which
governmental decisions and policies are formulated.

Presidential Communications Privilege

Applies to the decision-making of the President and refers to communications,
documents or other materials that reflect presidential decision-making and
deliberations, and that the President believes should remain confidential.
- Includes: advisory opinions, recommendations and deliberations comprising
part of a process by which governmental decisions and policies are
formulated.
- Note: This includes pre-deliberative ones.

DUAL CITIZENSHIP DUAL ALLEGIANCE

As a result of the concurrent application A situation in which a person
of the different laws of 2 or more states, simultaneously owes, by some positive
a person is simultaneously considered a act, loyalty to 2 or more states
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national by the said states

Pro Reo
Whenever a penal law is to be construed or applied and the law admits of 2
interpretations, one lenient to the offender and one strict to the offender, that
interpretation which is lenient or favorable to the offender will be adopted.

Pro Hac Vice

Ruling is applicable to this particular case

Writ of Amparo
The petition for a writ of amparo is a remedy available to any person whose right to
life, liberty and security is violated or threatened with violation by an unlawful act or
omission of a public official or employee, or of a private individual or entity.

RA 7166
Pre-Proc cases not allowed in elections for Pres, VP, Sen, HOR

ADMIN CODE

Oath of office of Public Officers and Employees

Continuing Authority of the Pres to Reorganize his Office

Appropriation Before Entering Into Contract

1. No contract involving the expenditure of public funds shall be entered into
unless there is an appropriation therefore
2. Notwithstanding this provision, contracts for the procurement of supplies and
materials to be carried in stock may be entered into under regulations of
Commission provided that when issued, the supplies and materials should be
charged to the proper.

Career Service is characterized by:

1. Entrance based on merit and fitness, to be determined by:
a. Competitive examination; or
b. Highly technical qualifications
2. Opportunity for advancement to higher career positions
3. Security of tenure

Public Participation DUE PROCESS

1. In adopting of proposed rules
a. Publish or circulate notices
b. Afford interested parties to share their views
2. Fixing of Rates
a. Publication in newspaper of gen circ AT LEAST 2 weeks before the
first hearing

Administrative Due Process

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- Does not require that the actual taking of testimony or presentation of evidence.
It is sufficient that:
1. Party is not deprived of his right to present his own case;
2. Submit evidence in support thereof; and
3. The decision is supported by the evidence in the record
- The findings of the subordinates are not conclusive upon the Commissioners
who have their own discretion to decide the case.

DOCTRINE OF PRIMARY DOCTRINE OF EXHAUSTION OF

JURISDICTION ADMINISTRATIVE REMEDIES
Where a case is within the concurrent Applies where a claim is cognizable in
jurisdiction of the court and an the first instance by an administrative
administrative agency, BUT the agency alone.
determination of the case requires the
technical expertise of the administrative Judicial interference is withheld until the
agency. administrative process has been
completed.
In such a case, although the matter is
within the jurisdiction of the court, it must
yield to the jurisdiction of the
administrative case.

Exhaustion of Administrative Remedies EXCEPTIONS: (refer to Admin notes)

Hold Over Principle

An officer is to hold his office until his successor is appointed or chosen and has
been qualified, provided that it is not contrary to any existing laws.

Conditions for Ripeness for Judicial Review of an Admin Action

1. The admin action has already been fully completed and therefore is a final
agency action; and
2. All administrative remedies have been exhausted.

Security of Tenure
No employee or officer in the Civil Service shall be suspended or dismissed except
for cause, as provided by law, and after due process.

Implied repeals made by ordinances are not favored.

Retirement benefits are exempted from execution and may not be withheld pending
the determination of liability for negligence in the encashment of the falsified treasury
warrants.

Rules and regulations cannot provide other penalties than those penalties given by
law, because the fixing of penalties is a legislative act, and cannot be delegated.

LOC GOV

Devolution
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The act by which the National Government confers power and authority upon the
various LGUs to perform specific functions and responsibilities (Sec. 17-e, LGC)

Eminent Domain (Sec. 19, LGC)

Exercising the power of eminent domain for public use
LGU may, through its chief executive:
- Acting pursuant to an ordinance
- Upon payment of just compensation
- Pursuant to provisions of Constitution
- A valid and definite offer has been made
- Such offer was not accepted
- LGU may immediately take possession of the property
- Upon the filing of an expropriation proceedings; and
- Upon making a deposit with the court at least 15% of FMV
- The amount to be paid for the expropriated property shall be determined by the
proper court, based on FMV at the time of taking of property

Reclassification of Lands
City or municipality may authorize the reclassification of agricultural lands and
provide for the manner of their utilization
- Through an ordinance passed by the sanggunian
- After conducting public hearings
In the following cases:
1. When the land ceases to be economically feasible and sound for agricultural
purposes determined by Dept of Agri; or
2. Where the land shall have substantially greater economic value for
residential, commercial, or industrial purposes, as determined by the
sanggunian concerned.

Corporate powers
No contract may be entered into by the local chief executive in behalf of the LGU
without prior authorization by the sanggu concerned.
- A legible copy of such contract shall be posted at a conspicuous place in the
provincial capitol or city / municipal / brgy hall

Liability for Damages

LGUs and their officials are not exempt from liability for death or injury to persons or
damage to property.

Disqualifications of Elective Officials

1. Those sentenced by FJ for an offense involving moral turpitude OR for an
offense punishable by 1 year or more of imprisonment, within 2 years after
service sentence
2. Those removed from office as a result of an administrative case
3. Those convicted by FJ for violating the oath of allegiance to the Republic
4. Those with dual citizenship
5. Fugitives from justice in criminal or non-political cases here or abroad

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 6. Permanent residents in a foreign country or those who have acquired the
right to reside abroad and continue to avail of the same right after the
effectivity of this Code; and
7. The insane or feeble-minded.

Sec. 45, 46, 49

Veto of the Ordinance

The veto shall be communicated by the LCE within:
- 15 days province
- 10 days city or a municipality
Otherwise, the ordinance shall be deemed approved as if he had signed it

- Grounds: Ultra vires, or prejudicial to public welfare

- The LCE may veto an ordinance or resolution only once.
- The sanggu may override the veto of the local chief executive concerned by 2/3
vote of all its members, thereby making the ordinance effective even without the
approval of the LCE concerned.

Recall
Ground: :oss of confidence
Shall be exercised by the registered voters of the LGU where the local official
belongs

Prohibition from Resignation: The elective official sought to be recalled shall not be
allowed to resign while the recall process is in progress. He is automatically
considered a duly-registered candidate.

Limitation on Appointments
No person shall be appointed in the career service of the LG if he is related within the
4th civil degree of consanguinity / affinity to the appointing or recommending
authority.

LOCAL INITIATIVE LOCAL REFERENDUM

Legal process whereby the registered Legal process whereby the registered
voters of an LGU may directly propose, voters of an LGU may approve, amend
enact, or amend any ordinance or reject any ordinance enacted by the
sanggunian

Settlement of Boundary Disputes

Involving:
a. 2 or more barangays in the same city or municipality Sanggu Panlungsod
or Bayan concerned
b. 2 or more municipalities within the same province Sangu Panlalawigan
concerned
c. Municipalities or cities of different provinces Sanggu of the provinces
concerned
d. A component city or municipality and a HUC; or 2 HUCs respective Sanggu
Panglungsod of the parties

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 e. If none of the above combos RTC (since the RTC has exclusive original
jurisdiction in all cases not within the exclusive jurisdiction of any court or QJ
agency)

No public money or property shall be appropriated or applied for religious or private

purposes.

The Barangay Assembly cannot exercise any police power. Under Sec. 398 of the
LGC, it can only recommend to the Sanggu Barangay the adoption of measures for
the welfare of the barangay and decide on the adoption of an initiative.
- Liga ng mga Barangay has no legislative powers, unlike an LGU

Under the LGC, the LGU has:

- No power to cite for contempt
- No power to issue subpoena
Because such is judicial in nature

PUB OFF

A temporary appointment does not automatically translate into a permanent

appointment if an applicant becomes civil service eligible while being appointed
temporarily. A new appointment which is permanent is necessary.

Relative Related within the 3rd degree, either of consanguinity or affinity.

Designation accomplishes the same purpose as appointment.
- Hence, an appointing authority who made a designation in favor of a relative as
defined under the law has violated the rule on nepotism

Discretionary duty of a public officer can be delegated if delegation is authorized

Abandonment of office is a species of resignation. While resignation is a formal

relinquishment, abandonment is a voluntary relinquishment by non-use.
- Non-use refers to neglect in the use of a privilege or a right or to exercise an
easement or an office.

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