Suarezralphjuliousl villamor law on public officers

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Unformatted text preview: BLIC OFFICCERS Q: What are the rights and privileges of public officers? A: 1. Right to office 2. Right to compensation/salary 3. Right to appointments 4. Right to vacation and sick leave 5. Right to maternity leave 6. Right to retirement pay 7. Right to longevity pay 8. Right to pension 9. Right to self‐organization 10. Right to protection of temporary employees. Q: Is the suspended public official entitled to payment of salary? A: Yes. A public official is not entitled to any compensation if he has not rendered any service and the justification for the payment of the salary during the period of suspension if that suspension was unjustified or that the official was innocent. To entitle to payment of salary during suspension, there must be reinstatement or exoneration. (Reyes v Hernandez, G.R. No. 47346, 8 April 1941) Q: Can the de jure officer recover the salary received by the de facto officer? A: Yes. As a rule, the rightful incumbent of the public office may recover from a de facto officer the salaries received by the latter during the time of the latter's wrongful tenure even though he entered into the office in good faith and under a colorable title. The de facto officer takes the salaries at his risks and must therefore account to the de jure officer for the amounts he received. However, where there is no de jure officer, a de facto officer shall be entitled to the salaries and emoluments accruing during the period when he actually discharged the duties. (Monroy v. CA, G.R. No. L‐23258, Jul 1, 1967) Q: Can public officials avail of the services of the Solicitor General? A: If the public official is sued for damages arising out of a felony for his own account, the State is not liable and the SolGen is not authorized to represent him therefore. The 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. AYO...
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