Right to compensation of an officer or employee to compensation and allowances which attach

to an office or employment is a statutory right.

Basic requirements:
1. Existence of a legally created position with fixed compensation or emolument attached to
the position
2. Issuance of a valid appointment
3. Rendition of service being paid
4. Payment to the right person

Salary may not be garnished

Salary gades 1-33. The highest being assigned to the President, etc.

The salaries of Senators and Members of the House of Representatives shall be determined by
law. No salary increase in said compensation shall take effect until after the expiration of the full
term of all the Members of the Senate and the House of Representatives approving such
increase.

No elective or appointive public officer or employees shall receive additional, double or indirect
compensation, unless specifically authorized by law, nor accept without the consent of
Congress, any present, emolument, office, or title of any kind from any foreign government.

Pensions or gratuities shall not be considered as additional, double, or indirect compensation.

Where a government official has retired and has received retirement benefits or its receiving
monthly pension re-enters the government, his receiving salary or compensation does not
constitute additional, double or indirect compensation.

Rule on double compensation not applicable to pension, per diems, honoraria.

BENEFITS IN GENERAL

Vacation and sick leave; terminal leave pay (cash value of the retiree’s accumulated leave credits
and is applied for by an officer or an employee who has severed his connection with his
employer and who is no longer working).

Allowance in case of injury, death or sickness

OTHER PRIVILEGES

Representation by the Solicitor General in suits which include a claim for damages arising not
from a crime but in the performance of his duties.

Legislative privilege
A Senator or member of the House of Representatives shall be privileged from arrest, if:
a. If the offense is punishable by not more than six years imprisonment;
b. Congress must be in session;

Immunity from civil and criminal action for speech or debate

CODE OF CONDUCT AND DISABILITIES

Section 4, Republic Act No. 6713 otherwise known as the “Code of Conduct and Ethical
Standards for Public Officials” provides that every public official and employee shall observe the
following as standards of personal conduct in the discharge and execution of public duties:

a. Commitment to public interest

b. Professionalism
c. Justness and sincerity
d. Political neutrality
e. Responsiveness to the public
f. Nationalism and patriotism
g. Commitment to democracy
h. Simple living

Under Section 5 of the Code, all public officials and employees have the obligation to:

a. Act promptly on letters and requests;

b. Submit annual performance reports;
c. Process documents and papers expeditiously;
d. Act immediately on the public’s personal transactions

Article III, Section 7 of the 1987 Constitution secures the right of the people to information on
matters of public concern, subject to such limitations as may provide by law such as those
affecting national security.

Duty to make statement of assets and liabilities

Duty to make divestment
Duty of public prosecutor

DISABILITIES OR RESTRICTIONS

Section 7 (a) of the Code provides that “All public officials and employees shall not directly or
indirectly have any financial or material interest in any transactions requiring the approval of
their office.

Paragraph b on the other hand, provides that public officials and employees during their
incumbency shall not:
 1. Own, control, manage or accept employment as office, consultant, counsel, broker, agent,
trustee or nominee in any private enterprise related, supervised or licensed by their office,
unless expressly allowed by law;
2. Engage in the private practice of their profession unless authorized by the Constitution or
by law, provided that such practice will not conflict or tend to conflict with their official
functions; or
3. Recommend any person to any position in a private enterprise which has a regular or
pending official transaction with their office.

Prohibition against partisan political activity

Prohibition against engaging in strike
Prohibition against holding two or more positions

Section 7, paragraph 2, Article IX-B of the 1987 Constitution on Civil Service reads:

“Section 7. No elective official shall be eligible for appointment or designation in any

capacity to any public office or position during his tenure.
“Unless otherwise allowed by law or by the primary functions of his position, no
appointive official shall hold any other office or employment in the government or any
subdivision, agency or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries.

Section 90. Practice of Profession. –

(a) All governors, city and municipal mayors are prohibited from practicing their profession or
engaging in any occupation other than the exercise of their functions as local chief executives.
(b) Sanggunian members may practice their professions, engage in any occupation, or teach in
schools except during session hours:
(c) Doctors of medicine may practice their profession even during official hours of work only on
occasions of emergency: Provided, That the officials concerned do not derive monetary
compensation therefrom.

Restriction against using public office to promote private interest

Restriction against engaging in private business
Restriction against accepting certain employment