Right to compensation of de facto officer general

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Right to Compensation of De Facto Officer General Rule: A de facto officer cannot sue for the recovery of salary, fees or other emoluments attached to the office, for the duties he has performed. His acts, as far as he himself is concerned, are void. Moreover, the rightful incumbent may recover from the de facto officer the salary received by the latter during his wrongful tenure. [ Monroy v. CA , supra]. Exception: Where there is no de jure officer, a de facto officer, who in good faith has had possession of the office and has discharged the duties pertaining thereto, is legally entitled to the emoluments of the office, and may in an appropriate action recover the salary, fees and other compensations attached to the office [ Civil Liberties Union v. Executive Secretary , supra]. K. TERMINATION OF OFFICIAL RELATION Modes of termination of official relations 1. Natural Causes a. Expiration of term or tenure of office; b. Reaching age limit (retirement); c. Death or permanent disability; 2. Acts or Neglect of Officer a. Resignation b. Acceptance of an incompatible office; c. Abandonment of office; d. Prescription of right to office; 3. Acts of the Government or People a. Removal; b. Impeachment; c. Abolition of office; d. Conviction of a crime;
U.P. LAW BOC LAW ON PUBLIC OFFICERS POLITICAL LAW Page 241 of 439 e. Recall. f. Non User 1. Expiration of the Term or Tenure of the Office General rule: Upon the expiration of the officer’s term, his rights, duties and authority as a public officer must ipso facto cease. Exception: Unless he is authorized by law to hold over. When a public officer is placed in a hold over status it means that his term has expired or his services terminated but he should continue holding his office until his successor is appointed or chosen or has qualified. [DE LEON] Where an office is created, or an officer is appointed, for the purpose of performing a single act or the accomplishment of a given result, the office terminates and the officer’s authority ceases with the accomplishment of the purposes which called it into being. Term of office The time during which the officer may claim to hold the office as of right and fixes the interval after which the several incumbents shall succeed one another. It is a fixed and definite period of time to hold office, perform its functions and enjoy its privileges and emoluments until the expiration of said period. Tenure of office The period during which the incumbent actually holds office. Expiration of Coterminous Employment No officer or employee in the Civil Service shall be removed or suspended except for cause provided by law. The phrase "cause provided by law," however, includes "loss of confidence." It is an established rule that the tenure of those holding primarily confidential positions ends upon loss of confidence, because their term of office lasts only as long as confidence in them endures. Their termination can be justified on the ground of loss of confidence, in which case, their cessation from office involves no removal but

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