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Unformatted text preview: INVESTIGATION PENDING APPEAL Not a penalty but only a means of enabling the disciplinary authority an unhampered investigation Punitive in character After the lapse of 90 days, If exonerated, he should the law provides that he be reinstated with full pay for the period of be automatically suspension reinstated If during the appeal he remains suspended and the penalty imposed is During such preventive only reprimand, the suspension, the employee suspension pending is not entitled to payment appeal becomes illegal of salaries and he is entitled to back salary corresponding to the period of suspension Q: Is a public officer entitled to back wages during his suspension pending appeal when the result of the decision from such appeal does not amount to complete exoneration but carries with it a certain number of days of suspension? A: No. Although entitled to reinstatement, he is not entitled to back wages during such suspension pending appeal. Only one who is completely exonerated, or merely reprimanded is entitled to such back wages. (Sec. of Education, etc. v. CA. G.R. No. 128559, Oct. 4, 2000) Q: What is a disciplinary action? A: It is a proceeding which seeks the imposition of disciplinary sanction against, or the dismissal or suspension of, a public officer or employee on any of the grounds prescribed by law after due hearing. (Ruben E. Agpalo, Administrative Law, Law on Public Officers and Election Law, 2005 ed., p 416) POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. LAW ON PUBLIC OFFICERS Q. Are decisions in a disciplinary action appealable? A: GR: Deci...
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This document was uploaded on 03/12/2014.

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