A failure to take the oath of office within six 6

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Unformatted text preview: iscretion on the part of the appointing power, but discretion tempered with fairness and justice. (Sabello v. DECS, G.R. No. 87687, Dec. 26 1989) Q: Does executive clemency carry with it payment of backwages? A: No. A dismissed officer who has been granted executive clemency and who has been re‐ employed is not entitled to backwages. Letter of Instruction 647 provides that employees who were not recommended for reinstatement but are qualified to reenter the government service are granted executive clemency for purpose of re‐employment subject to Civil Service Rules and if recommended by their respective department heads. Re‐employment is different from reinstatement. Re‐employment implies that one is hired anew, which does not carry with it payment of backwages. (Echeche v. Court of Appeals, G.R. No. 89865, June 27, 1991) i. IMMUNITY OF PUBLIC OFFICERS Q: What is Immunity? A: An exemption that a person or entity enjoys from the normal operation of the law such as a legal duty or liability, either criminal or civil. Q: Are public officers immune from liabilities? A: It is well settled as a general rule that public officers of the government, in the performance of their public functions, are not liable to third persons, either for the misfeasances or positive wrongs, or for the nonfeasances, negligences, or omissions of duty of their official subordinates. (McCarthy vs. Aldanese, G.R. No. L‐19715, March 5, 1923) Q: What is the basis for this immunity? A: The immunity of public officers from liability for the non‐feasances, negligence or omissions of duty of their official subordinates and even for the latter’s misfeasances or positive wrongs rests upon obvious considerations of public policy, the ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 129 UST GOLDEN NOTES 2011 necessities of the public service and the perplexities and embarrassments of a contr...
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