It involves a reduction of personnel consolidation of

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Unformatted text preview: uly elected Congressman. Thus, he had only one year to serve in Congress. 1. Can AVE collect salaries and allowances from the government for the first two years of his term as Congressman? 2. Should BART refund to the government the salaries and allowances he had received as Congressman? 3. What will happen to the bills that BART alone authored and were approved by the House of Representatives while he was seated as Congressman? Reason and explain briefly. A: 1. AVE cannot collect salaries and allowances from the government for the first two years of his term, because in the meanwhile BART collected the salaries and allowances. BART was a de facto officer while he was in possession of the office. To allow AVE to collect the salaries and allowances will result in making the government pay a second time. (Mechem, A Treatise on the Law of Public Offices and Public Officers, [1890] pp. 222‐223.) 2. BART is not required to refund to the government the salaries and allowances 132 he received. As a de facto officer, he is entitled to the salaries and allowances because he rendered services during his incumbency. The bills which BART alone authored and were approved by the House of Representatives are valid because he was a de facto officer during his incumbency. The acts of a de facto officer are valid insofar as the public is concerned. (People v. Garcia, G.R. No. 126252, Aug. 30, 1999) 2. Termination of Official Relation Q: What are the modes of terminating official relationships? A: 1. Expiration of term or tenure 2. Reaching the age limit for retirement 3. Resignation 4. Recall 5. Removal 6. Abandonment 7. Acceptance of an incompatible office 8. Abolition of office 9. Prescription of the right to office 10. Impeachment 11. Death 12. Failure to assume office 13. Conviction of a crime 14. Filing for a certificate of candidacy Q. What is the term of office of an elected local official? A: Three (3) years starting from noon of June 30 following the election or such date as may be provided by law, except that of e...
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This document was uploaded on 03/12/2014.

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