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Admin Quizler - Agpalo (Chap3-4) PDF
Admin Quizler - Agpalo (Chap3-4) PDF
Valid
DE FACTO
1.
2.
3.
4.
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5.
Q. Who is a usurper?
A. A usurper is one who usurps an office and undertakes to act
officially without any color of right, as distinguished from a de facto
officer who exercises the duties of an office under a color of
appointment or election
DRAFT COPY
Not intended for use during
Exams Week
Q. Who are examples of a de facto officer as compared with a
usurper?
DE FACTO
An elective local official, who
occupied a position on the
strength of an order granting
execution pending appeal in an
election case. The officer
exercised the duties of an elective
office under color of election
(w/n it was the trial court of
COMELEC that declared official
winner is immaterial)
USURPER
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Q. What is compensation?
A. A de facto officer who, in good faith, has possession of the office
under a color of validity and had discharged the duties pertaining
thereto is legally entitled to the emoluments of the office
Where the law gives the officers assumption of office color of validity,
it entitles him to compensation for his work, and his subsequent ouster
from the position entitles him to retain the emoluments received as
against the successful protestant
Example:
A senator who had been proclaimed and had assumed office but was
later on ousted in an election protest can retain emoluments received
even as against the successful protestant because the law mandates
that the candidate duly proclaimed must assume office
notwithstanding a protest filed against him, w/c gives him color of title
to the office and entitles him to the salary and other benefits of the
position
A de facto officer cannot be made to reimburse funds disbursed during
his term of office because his acts are valid as those of a de jure officer.
They are entitled to emoluments for services actually rendered
The question of compensation depends on the possession of title, not
of the office:
-A de facto officer, not having good title, takes the salaries at his risk
and must therefore account tot the de jure officer for whatever amount
of salary he received during the period of wrongful retention of the
public office
Example:
A mayor who filed cert. of candidacy who was considered resigned shall
not be entitled to emoluments anymore since there is no color of title
validating his resumption as mayor must account the salary received
during his wrongful retention of the office in favor of the de jure officer
The question whether the de facto officer may be liable for the salary
and other benefits of the office in favor of the de jure officer may be
litigated, even if the issue regarding the right to the office has become
moot and academic
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GR: The rightful incumbent of a public office may recover from an
officer de facto the salary received by the latter during the time of his
wrongful tenure, even though he entered into the office in good faith
and under color of title (a de facto officer takes salaries at his risk and
must therefore account to the de jure officer for whatever amount of
salary he received during the period of his wrongful retention of the
office)
GR: An ousted elective official not obliged to reimburse the
emoluments of office that he had received before his ouster
X: he would be liable for damages in case he would be found
responsible for any unlawful or tortuous acts in relation to
his proclamation (criterion: breach of obligations arising
from contracts or quasi-contracts, tortuous acts, crime or
specific legal provision authorizing the money claim in the
contest of election cases absent any of these, no liability
for damages in an election case may be incurred, except for
attys fees in the instances enumerated in art. 2208 of the
Civil Code)
**If any damage had been suffered by the winning party due
to the execution of judgment pending appeal, the damage
may be damnum absque injuria, which is damage w/o injury
or damage or injury inflicted without injustice, or loss or
damage w/o violation of a legal right, or a wrong done to a
man for w/c the law provides no remedy
3.
A. The salaries are mere incidents and form no part of the office. Where
a salary is annexed, the office is coupled with an interest; where neither
is provided for, it is an honorary office.
COMPENSATION
Q. What is the governments policy on compensation?
Q. What is compensation?
A. Compensation could be the salary, per diem, honorarium. Salary is
the pay given as the base pay of the position or rank as fixed by law or
regulations, excluding all bonuses, per diems, allowances and overtime
pays. Per diems are daily allowance given to a govt employee/officer
that is away from home base. They are intended to cover daily
subsistence (lodging, etc) when such persons duty places them outside
of their permanent station. If the per diems are in the nature of
compensation for services rendered rather than reimbursement for
incidental expenses, it is regarded as compensation. The nature of
remuneration is controlling not the label. Honorarium is the
compensation given not as a matter of obligation but as appreciation
for service rendered. Where compensation given as a matter of right,
for services rendered, = salary NOT honorarium.
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DRAFT COPY
Not intended for use during
Exams Week
Q. What are the position classifications for salary grade
purposes?
A. There are four main categories:
relationships
Kind of supervision
exercised
7.
Decision-making
responsibility
8.
Responsibility of accuracy
of records and reports
9.
Accountability for funds
10. Hardship, hazards, and
personal risks involved
6.
SALARY GRADE
33
32
31
30
29 - 1
POSITION
President
VP
Senate Pres/Speaker
Chief Justice
Senators
SC Justices
Chairmen(Constitutional
Commissions)
Department Secretaries
Other positions (Equivalent rank)
Members (Constitutional
Commissions)
Other positions (Equivalent rank)
Determined by DBM based on:
1.
Education and experience
required
2.
Nature and complexity of
the work
3.
Kind of supervision
received
4.
Mental/physical strain
required in work
5.
Nature and extent of
internal/external
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DRAFT COPY
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A. Section 8, Art 9-B impliedly repealed old law stating that double
compensation applies to pensions. A retiree receiving pension after
retirement can continue to receive such pension if he re-enters govt to
which another form of compensation is attached. If he retires in the
new job, he can receive double pension.
Q. What is an honorarium
A. It is a gesture or appreciation for the service of one with expertise of
professional standing in recognition of his superior knowledge in
specific fields; extra monetary remuneration paid by virtue of his office.
Examples:
o
Resource persons
o
Researchers, technical and support personnel
o
O/E who are on detail or on special assignment in
another office
o
O/E by virtue of their membership in inter-agency
committees and.or special projects
o
O/E detailed to foreign-assisted projects
B.
4.81
4.82
BENEFITS IN GENERAL
Generally
Benefits granted by law
o
Vacation leaves
o
Sick leaves
o
Maternity leaves
o
Terminal Leaves
o
Termination pay
o
Retirement benefits
o
Others
Vacation and sick leaves
Legal basis: Sec286 Revised Admin Code (A)
o
APPOINTIVE O/E granted vacation/sick leaves which
are commutative and any part which may not be taken
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4.84
TERMINAL PAY
COMMUTATION OF SALARY
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When? 65 years old with at least 15 years of
service
Doesnt apply to elective officials and
constitutional officers whose tenure of office is
guaranteed.
C.
RETIREMENT BENEFITS
Conditions:
o
Completion of 30 years of service upon reaching 57
years old
Provided that the last 3 years must be continuous
and must have made contributions for at least 5
years
Leaves without pay shall not interrupt the
continuity if, prior to the last 3 years of service,
does not exceed 1 year
Even if position is abolished or there is a
reduction in force in the last 3 years, still entitled
to benefits
If age is above 57 years old but below 30 years of
service, lack in service years can be compensated
in age; If service years above 30 years but below
57 years old, lack in age can be compensated by
additional work years.
No one is entitled to retirement benefits if below
52 years old or his total service is less than 15
years
o
30 years of service, regardless of age
Applies
notwithstanding
the
preceding
paragraph.
o
20 years of service, regardless of age
Applies to any appointive/elective official,
regardless of age or status, the last three years to
be continuous
O/E shall be entitled to the commutation of the
unused vacation and sick leave, based on the
highest rate received which they have to credit at
the time of retirement
o
Automatic and compulsory retirement
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DRAFT COPY
Not intended for use during
Exams Week
Jalosjos case
When a person charged with rape in the TC, and while appeal is
pending is elected as Congressman, his election did not condone his
offense nor allow him to be free from confinement and attend sessions
of Congress. Why? The people elected him with full awareness of the
limitations on his freedom of action and movement. Immunity from
arrest from #1 does not extend to immunity from being preventively
suspended as a member of the Legislature for his crime under Anti
Graft Act, as the latter does not exclude members of Congress from the
coverage.
b.
c.
d.
OTHER PRIVILEGES
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