CHAPTER FIVE Rights and Privileges of Public Officer A.

In General

c.) Depending on the time and not on the amount of the services he may render. Furthermore, salary is regarded as compensation per annum. Whereas wages are paid day by day or week by week. d.) A Per diem which is fixed not as ordinarily by the year or by the month but by the day. Under the definition, the per diem is intended to cover the cost of lodging and subsistence of officers and employees when the later are on duty outside of their permanent situation. e.) So also is an honorarium defined as something given not as a matter of obligation, but in appreciation for services which admit of no compensation of money such as the monthly allowances given by local government units to judges assigned within their territorial jurisdiction. f.) Honorarium means given in appreciation of serves rendered. g.) Emoluments Means the profit arising from the office, that which is received as compensation for services or which is annexed to the office as salary, fees or perquisites. incumbent of the office is, by law, entitled to receive.

Rights - applies to vote elected and appointed. Privileges inadental to public office Rights incident to public office -measured by constitution or under which he was elected.

Rights as a citizen a.) Protection from publication commenting on his fitness and the like. Not same as protection to ordinary citizen. However, by a reason of the public character of his employment or office, a public officer is, in general, held not entitled to the same protection from publications commenting on his fitness, and the like, as is accorded to the ordinary citizen. b.) Engaging in certain political and business activities. Suspended when deemed inconsistent with their public status and duties. To justify restrictions on the exercise of constitutional rights, the government must show that the restraints rationally relate to the enhancement of the public service. B.) Right To Compensation 1. Power of Congress to fix compensation

Basis of right to compensation (exist if it exist at all) a.) It exists, if it exists at all, as the creation of law ( Constitution , statue, or ordinance) and when it so exists, it belongs to him not by force of any contract but because the law attaches it to office. b.) Services rendered compensation) (no service rendered = no

Not exclusive to legislative consti may provide. a.) The creation of public offices and the assignment of their compensation are primarily legislative functions. If the office is a constitutional one, the Constitution itself may provide the compensation, or may entrust the matter to congress. Unless the Constitution expressly or impliedly prohibits Congress from doing so, it may delegate the power to other government bodies or officers, as, for example, to the governor, mayor, or sangguniang bayan, or to other officers or official boards. Compensation, not an element of public office. Not indispensable incidental only a) The object in allowing compensation for official service is to enable public officials to give due attention to their official duties to perform them better.(Ratio Compensation) Forms of compensation distinguished. defined and

As a general preposition, a public official is not entitled to any compensation if he has not rendered any service. c.) Compensation fixed by law- serve gratuitously. d.) Legal title to office ( if no legal title to office = no compensation) e.) Amount of compensation Upon substantive differences in duties and responsibilities, and qualification requirements of the positions ( basis of difference in pay). The grade, therefore, depends upon the nature of ones position the level difficulty, responsibilities, and qualification requirements thereof relative to that of another position. It is the officials Grade that determines his or her salary. Recovery of compensation -being to the person who has true title to the office. General Rule a.) From the governmentA de jure officer cannot, for the most part, recover from the government or compensation which have been paid to a de facto officer EXCEPTION

a.) Means pay for doing all that may be required of the official, whether it is in the form of a fixed salary or wages. b.) Compensation means by doing what is required.

Where the government continues to pay the officer de facto after the notice of adjudication of the protest in favor of the officer de jure, the latter may recover from the government the amount so paid after such adjudication and notice 2. From the de facto officer De facto in gf retain salary De facto in bf salary may be recovered From the intruder or usurper No rights to the salary attached to the office

c. d. e. f.

Recommendatory Professional services Staff work such as planning or research Humanitarian

3.

APPLICABLE LAWS AND RULES Code of conduct and Ethical standards for public officials and implementing rules on: a. Rewards and incentives b. Norms of conduct and ethical standards c. Duties and obligations of public officials d. Civil and criminal liability EXEMPTIONS From the filing of SALN and financial disclosures, the requirement on divestment and the appropriate eligibility requirement for their designation and shall not enjoy security of tenure 1. 2. 3. 4. 5. 6. 7. PROHIBITIONS UNLESS AUTHORIZED Exercising supervisory functions over personnel Exercising functions of positions involving national security Having access to confidential or Aclassified information unless authorized by proper authorities Occupying regular plantilla positions Having such services credited as government service and availing themselves of retirement benefits Using facilities and resources of the office for partisan political purposes Receiving any pecuniary benefit such as honoraria allowances and other prerequisites of office

SALARY NOT SUBJECT TO GARNISHMENT GARNISHMENT

RATIO: 1. While the money is in the hand of disbursing officer, it belongs to the govt 2. Public policy forbids such practice since it would be fatal to the public interest 3. Tantamount to a suit against the state in its own court AGREEEMENTS AFFECTING COMPENSATION Invalid when it tends to pervert such compensation to a purpose other than that for which it was intended and to interfere with the officers free and unbiased judgment in relation to the duties of his office Agreement to accept or acceptance of less or other than legal compensation Sale, assignment or barter Dividing compensation with others PROHIBITION AGAINST DIMINUTION OF SALARY EXCEPT AS OTHERWISE PROVIDED BY THE CONSTI, Congress has absolute power to fix or alter the compensation of public officers Article 6 sec 10 ADDITIONAL,

Species of attachment for reaching credita belonging to the judgment debtor owing him from a stranger to a litigation

RIGHTS UNDER THE CONSTI 1. Rights to self organization The right to form labor org does not guarantee the right to bargain collectively w/ the govt or to engage in concerted activities OTHERWISE administratively liable

PROHIBITED CONCERTED ACTIVITY Any collective activity undertaken by govt employees by themselves Or their employees org w/ the intent of effecting work stoppage or service disruption in order to realize their demands from their respective agencies Allowed if done outside govt hours and would not result in disruption of work MASS LEAVE OF ABSENCES Occur when 5 or more employees of the same agency apply for leave simultaneously or almost at the same time under circumstances evidencing collusion or common design to participate in prohibited transaction Official who allowed mass leave subjected to admin sanction 2. Right to protection of temporary employees 3. Freedom of members of Congress from arrest and from being questioned Art 6 sec 11 4. Right to be removed or suspended except for law QUALIFIED NEXT IN RANK Ee appointed on a permanent basis to a position previously determined to be next in rank to the vacancy proposed to be filled and who meets the reqs for appointment thereto as previously determined by appointing authority and approved by the Commission

PROHIBITION AGAINSTRECEIVING DOUBLE OR INDIRECT COMPENSATION ART 9B SEC 8

EXCEPTION 1. Specifically authorized by law 2. Additional compensation is received not from the govt or any of its entities 3. There are two distinct offices FREE VOLUNTARY SERVICE TO THE GOVT Refers to the services rendered by persons who are in govt without pay or compensation REQUIREMENTS 1. Issuance of appropriate document 2. Fitness and suitability for the duties responsibilities of the particular position 3. Compliance with the rule on nepotism Functions a. Advisory b. Consultancy

and

 NEXT IN RANK RULE 1. not a mandatory requirement apply only in cases of promotion one who is next in rank to a vacancy is given preferential consideration for promotion to a vacant position, but it does not necessarily follow that he alone and no one else can be appointed REASON FOR THE RULE 1. Have gained superior skills 2. Have gained greater dedication to the public service 2. 3. 4.

Retirement shall be compulsory at the age of 65 Separation benefits Unemployment or benefits Disability benefits involuntary separation

Reqs for permanent total or partial disability benefits a. b. c. d. In the service at the time of disability Separated from service Has paid at least 36 monthly contributions w/in the 5 year period immediately preceding the disability OR Has paid a total of at least 180 monthly contributions

2.

PERSONNEL ACTION Movement or progress of personnel in the civil service 1. Appointment through certification Issued to a person who has been selected from a list of qualified persons certified by the CSC from register of eligible Promotion Movement from one position to another with an increase in duties and responsibilities as authorized by law and accompanied by an increase in pay Factors a. Performance rating b. Education c. Training d. Work experience e. Physical fitness f. Attitudes g. Personality traits Transfer Movement from one position to another w/c is of equivalent rank level or salary w/o breaks in service involving the issuance of appointment Temporary assignment allowed even w/o consent Reinstatement Any person who has been permanently appointed to a position in the career service and who has through no misconduct has been separated there from may be reinstated to a position in the same level for which he is qualified Reemployment Ees separated as a result of reduction in force and reorganization Detail Movement of an ee from 1 dept or agency to another w/o the issuance of an appointment and shall be allowed only for a limited period Reassignment An ee may be reassigned from 1 organizational unit to another in the same dept but such reassignment shall not involve reduction in rank status or salary

Reqs for temporary total disability benefits a. b. c. d. In the service at the time of disability Has exhausted his sick leave credits Has rendered at leat 3 years of service Has paid at least 6 monthly contributions w/in 12 month period immediately preceding the disability

2.

5.

Survivorship benefits a. Basic survivorship pension 50% of basic monthly pension b. Dependent pension not exceeding 50% of basic monthly pension Funeral benefits Life insurance benefit

6. 7.

3.

PENSION Regular allowances paid to an individual or group of individual by the govt in the consideration of services rendered or in recognition of merit civil or military NATURE AND PURPOSE OF PENSION 1. Not gratuity but a form of deferred compensation for services performed and his right thereto commences to vest upon his entry to retirement system 2. Purposes a. Encourage faithful and competent ees to remain in the service b. To allow ees who have become incapacitated by illness or accident to continue discharging his duties to retire from the service w/ a relative financial security PENSION VS GRATUITY PENSION More than an act of generosity Act of justice emanating from the desire to provide compensation to services already rendered GRATUITY Donation and an act of pure liberality on the part of the state CONSTRUCTION OF RETIREMENT LAWS Liberally construed and applied in favor of the person intended to be benefited In case of doubt resolve in favor of retiree EXCEPTION TO LIBERAL CONSTRUCTION

4.

5. 6. 7.

RIGHTS UNDER GSIS ACT 1. Retirement benefits a. Atleast 15 years of service b. At least 60 y/o c. Not receiving any monthly pension benefit from permanent total disability

Where the clear intent of the applicable law and rules are demonstrably against the retirees claim

CHAPTER SIX DISABILITIES OF PRESIDENT, VP, MEMBERS CABINET AND THEIR DEPUTIES AND ASSISTANTS 1. 2. 3. 4. OF

RIGHT TO REIMBURSEMENT AND INDEMNITY 1. When public officer in the due performance of his dutieshas been require by law to incur expenses on the public account not covered by his salary or commission and not attributable to his own neglect or fault Consequence of the acts which he has been required to perform upon the public account w/c are not manifestly illegal and w/c he does not know to be wrong

Not hold unless otherwise provided in the consti itself , any other office or employment Not practice any other profession Not participate directly or indirectly in any business Not be financially interested in any contract w/ or in nay franchise or special privileges granted by the govt or a ny subdivision, agency or instrumentality thereof includiong gocc or their subsidiaries Strictly avoid conflict of interest

2.

5.

RIGHT TO REINSTATEMENT AND BACK SALARY REINSTATEMENT Restoration to state or condition from which one has been separated or removed BACK SALARY form of relief that restores the income that was lost by reason of unlawful dismissal 1. 2. 3. 4. 5. 6. 7. 8. where removal or suspension lawful entitled - not

RATIO Devote full time and attention to their official duties Prevent from extending special favors Assure the public that they will be faithful and dedicated in the performance of the function DISABILITIES OF MEMBERS OF CONGRESS 1. ART 6 SEC 13 2. ART 6 SEC 13 3. SEC 14 4. SEC 14 5. SEC 14 DISQUALIDICATION TO HOLD ANY OTHER OFFICE IN THE GOVT 1. Incompatible office To devote their time and attention to the discharge of their legislative responsibilities forbidden office refers to any office created or the emoluments of w/c have been increased during the term for w/c he was elected

where removal or suspension unlawful might recover the amount he had earned in other employment during his unlawful removal where suspended ee later found innocent back pay allowed where another appointed to position of illegally dismissed or suspended ee position never became vacant and the new appointment not valid duty of plaintiff seeking reinstatement to prove his right to the office right to reinstatement to former or comparable position duty to act w/ reasonable diligence in asserting right consti rights can be waived by 1 year inaction where pardon extended to convicted ee restored to office if expressly restored or grounded on persons innocence

2.

PROHIBITION AGAINST FINANCIAL INTEREST 1. Appearance as counsel before any court of justice Shall not appear personally as counsel before any court of justice, electoral tribunal or admin bodies To remove any possibility of influence to judges Financial interest in any contract w/ the govt Involves financial investment or business out of which a member of Congress is to derive profit or gain Financial interest in any special privilege To prevent the members from making use of their influence for the purpose if special benefit Intervention in certain matter To insure that his every vote on any pending legislative measure shall be dictated by no other consideration than public good

2.

RIGHT TO PROPERTY, DEVICES ABD INVENTIONS 1. 2. title to public office carries w/ it the right to the insignia and property thereof who owns the records, discoveries, inventions etc made by officer while he is occupying the office????? a. If indispensable to the proper conduct of office even if paid by his own funds Not own by the officer Not Officer may acquire property right

3.

4.

b.

DISABILITIES OF MEMBERS OF CONSTITUIONAL COMMISSION 1. Hold any other office or employment

2. 3.

Engage in the practice of profession or in the active management or control of any business w/c in any way may be affected by the function 9 a sec 2

d. e. f. 2.

PROHIBITION AGAINST DESIGNATION OF MEMBER OF JUDICIARY TO ADMIN POSITION 8 SEC 12 RATIO: 1. Violates doctrine of separation of power 2. Compromise independence of the members in the performance of their judicial function 3. Delay disposition of cases PROHIBITION AGAINST IN ENGAGING IN PARTISAN POLITICAL ACTIVITY 9B SEC 2(4) 16 SEC 5(3) PROHIBITION AGAINST APPOINTMENT OF ELECTIVE OFFICIALS 9 SEC 7 PROHIBITION AGAINST HOLDING MORE THAN 1 POSITIONS BY APPOINTIVE OFFICIAL 9B SEC 7 WHEN ALLOWED 1. Allowed by law Position may be totally unrelated to each other 2. Required by the primary function of his position PROHIBITION AGAINST ACCEPTANCE OF ANY PRESENT ETC FROM ANY FOREIGN STATE 9B SEC 8 PROHIBITION AGAINST RECEIVING ADDITIONAL, DOUBLE OR INDORECT COMPENSATION FROM ANY FOREIGN STATE 9B SEC 8 PROHIBITION AGAINST APPOINTMENT OF MEMBERS OF THE ARMED FORCE TO CERTAIN POSITONS 16 SEC 5(4) PROHIBITION AGAINST GRANT OF LOAN, GUARRANTY OR OTHER FORM OF FINANCIAL ACCOMODATION 11 SEC 16 PROHIBITION IMPOSED ON CIVIL SERVICE OFFICERS OR EES 1. 2. 3. 4. 5. Political activity Additional or double compensation Limitation on employment of laborers Not be assigned to perform clerical duties Prohibition on detail or reassignment Cannot be made w/in 3 months before any election Nepotism Relative w/in the 3rd degree of consanguinity or affinity

be a surety for any person doing business w/ the LGU possess or use public property for private purposes other prohibitions in Code of Conduct and Ethical Standards for Public Officials and EES

practice of profession governor and mayor prohibited sanggunian members allowed except during session hours

PROHIBITION IMPOSED ON LOCAL GOVT OFFICIALS 1. prohibited business or pecuniary interest a. engage in any business transaction w/ the lgu unit w/c he is an official or ee b. holds any interest in cockpits or other games licensed by LGU c. purchase any real estate forfeited in favor of such LGU for unpaid taxes or by virtue of legal processes at the instance of the LGU