Rights Of Public Officers Flashcards
What are the rights ofpublic officers?
①right to office
② right to salary
R③ right to preference in promotion
④ Right to vacation and sick leave.
⑤ Right to Maternity Leave.
⑥ Right to Retirement Pay.
Others
What is the right to office?
The just and legal claim to exercise the powers and the
responsibilities of the public office.
Distinguish term vs tenure
Term is the period during which the officer may claim to hold the office as of right; while tenure is the period during which the officer actually holds office. In Nunez v. Averia, 57 SCRA 726, it was held that the extension of the tenure of elective local officials beyond their term is predicated on having been duly elected in the November 8, 1971 elections.
What is a salary?
Salary is the personal compensation to be paid to the ‘ public officer for his services, and it is generally a fixed annual or periodical payment depending on the time and not on the amount of the services he may render. It is distinguished from wages, in that salary is given to officers of higher degree of employment than those to whom wages are given; salary is regarded as compensation per annum, while wages are paid day by day or week by week.
What is the basis for a salary?
The legal title to the office and the fact that the law attaches
compensation to the office.
When is a de facto officer entitled to a salary?
Where there is no de jure officer,
a de facto officer who, in good faith, has possession of the office and has discharged the duties thereof, is entitled to salary.
What are the two kinds of preventive suspension in civil service employers and when is back wages applicable?
In Gloria v. Court of Appeals, G.R. No. 131012, April 21, 1999, the Supreme Court clarified that there are two kinds of preventive suspension of civil service employees who are charged with offenses punishable by removal or suspension, viz: (a) preventive suspension pending investigation under Sec. 51, Book V, Title I, Subtitle A of the Administrative Code of 1987; and (b) preventive suspension pending appeal if the penalty imposed by the disciplining authority is dismissal and, after review, the respondent is exonerated under Sec. 47 of the same Code. It was then held that the employee has no right to compensation during preventive suspension pending investigation, even if he is exonerated, because in order to be entitled to payment of back salaries, it is not enough that an employee be exonerated of the charges against him. In addition, it must be shown that his suspension is unjustified. The preventive suspension of civil service employees charged with dishonesty, oppression, grave misconduct or neglect of duty, is authorized by the Civil Service Law. It cannot, therefore, be considered “unjustified” even if later the charges are dismissed. It is one of the sacrifices which holding a public office requires for the public good.
Are municipal manors entitled to accrued leave and sick leave credits?
Yes., Sec. 81, R.A. 7160 [Local Government Code] that elective local officials shall be entitled to the same leave privileges as those enjoyed by appointive local officials, including the cumulation and commutation thereof. 2
