Is the decision or resolution penned by a member of a Commission who at the time of promulgation has vacated office valid?

No. There is no decision until the draft is signed and promulgated. Hence, if a commissioner signs a decision but retires before the decision is promulgated, his vote does not count even if it was he who penned the decision.


● A final decision or resolution becomes binding only after it is promulgated and not before. Accordingly, one who is no longer a member of the Commission at the time the final decision or resolution is promulgated cannot validly take part in that resolution or decision. Much more could he be the ponente of the resolution or decision. The resolution or decision of the Division must be signed by a majority of its members and duly promulgated.

Commissioner Guiani might have signed a draft ponencia prior to his retirement from office, but when he vacated his office without the final decision or resolution having been promulgated, his vote was automatically invalidated. Before that resolution or decision is so signed and promulgated, there is no valid resolution or decision to speak of. (Ambil vs. Comelec, G.R. No. 143398, October 25, 2000)

● A decision becomes binding only after its promulgation. If at the time it is promulgated, a judge or member of the collegiate court who had earlier signed or registered his vote has vacated office, his vote on the decision must automatically be withdrawn or cancelled. (Dumayas vs Comelec, G.R. Nos. 141952-53, April 20, 2001)