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Rights & Privileges 1. Right to Office 2.

Security of Tenure The guarantee of security of tenure under the Constitution is not a guarantee of perpetual employment. It only means that an employee cannot be dismissed (or transferred) from the service for causes other than those provided by law and after due process is accorded the employee. What it seeks to prevent is capricious exercise of the power to dismiss. But where it is the law-making authority itself which furnishes the ground for the transfer of a class of employees, no such capriciousness can be raised for so long as the remedy proposed to cure a perceived evil is germane to the purposes of the law. (Agripino A. De Guzman, Jr., et al. v. COMELEC, G.R. No. 129118, July 19, 2000, En Banc [Purisima]) 3. Systems of Incentives and Rewards -- Right to Compensation Congress has power to fix compensation. If the Office is a constitutional one, Constitution itself may provide the compensation or entrust the matter to Conress. Power to fix compensation of public officers is not inherently and exclusively legislative in character. Unless the Constitution expressly or impliedly prohibits Congress from doing so, it may delegate the power to other government bodies or officers. Administrative boards or other officers, in pursuance of power delegated by Congress, may fix the compensation of public officers at any sum or rate which they consider reasonable, within the statutory limitations prescribed by Congress, such discretionary action is not ordinarily reviewable by the courts. Compensation is not indispensable to a public office but merely incidental thereto, and attaches to the office itself, and not to the officer. Whatever salary may be attached by law to a public office do not belong to the incumbent because of any supposed legal duty resting upon the public to pay for the services rendered by him. The object in allowing compensation for official service is to enable public officials to give due attention to their official duties and to perform them better. Forms of compensation, defined: o Compensation means pay for doing all that may be required of the official, whether it is in the form of a fixed salary or wages, per diems, fees, commissions, or perquisites of whatever character. o Salary is distinguished from wages in that the former is given to officers of higher degree of employment than those to whom wages are given. Salary is regarded as compensation per annum, whereas wages are paid day by day or week by week. o Per diem is a daily allowance given for each day an officer or employee of government is away from her home base. Its usual signification is as a reimbursement for extra expenses by the public official in the performance of his duties. o Emoluments include ―salary, fees, compensation, perquisites, pensions, and retirement benefits‖. As a general proposition, a public official is not entitled to any compensation if he has not rendered any service. Under the ―no work, no pay‖ principle, compensation is paid only for service actually or constructively rendered. Generally held, in the absence of a statute to the contrary, that a public officer is not entitled to compensation for services rendered under an unconstitutional statute or provision thereof. If no compensation is fixed or attached by law, the public officer is presumed to have accepted the office to serve gratuitously. General rule that one without a legal title to office either by lawful appointment or election and qualification is not entitled to recover salary or compensation attached to the office. Nature of an official’s position should be the determining factor in the fixing of his or her salary. Law employs he scheme known as ―grade‖ defined in PD 985 as including all classes of positions which, although different with respect to kind or subject matter of work, are sufficiently equivalent as to level of difficulty and responsibilities and level of qualification requirements of the work to warrant the inclusion of such classes of positions within one range of basic compensation. Grade depends upon the nature of one’s position (level of difficulty, responsibilities, and qualification requirements relative to that of another position. It is the official’s Grade that determine his or her salary, not the other way around.

unless it is otherwise provided by law. or indirect compensation o Exceptions:  Specifically authorized by law in individual instances where the payment of such compensation appears not only just but necessary  Additional compensation is received not from the government or any of its entities  Two distinct officers. since it seems unjust that the public should benefit by the services of an officer de facto and then be freed from all liability to pay any of such services. in an appropriate action.  Pensions or gratuities. the latter may recover from the government the amount so paid after such adjudication and notice. He is in the eyes of the law two officers. in which case both may be held by one person at the same time. But where the government continues to pay the officer de facto after the notice of adjudication of the protest in favour of the officer de jure. Hence a retired public officers who has been reappointed or elected to a public office may continue to receive his pension/gratuities from the government and his salary at the same time. and has discharged the duties pertaining thereto. double. and may. o In cases where there is no de jure officer. No compensation for ex officio position. If the vacancy is not filled by promotion. It is a matter of simple justice that the emoluments must go to the person who actually rendered the service unless the contrary is provided. is legally entitled to the emolument of the office. iv. ―same‖ except for government service instead of department iii. each of which has its own duties and compensation. recover the salary or compensation attached to the office. o . Doctrine is supported on equitable grounds. shall be considered for promotion. CSC: this provisions applies where a new office or position is created in the course of a valid reorganization). When a vacancy occurs in a position in the second level of Career Service. Right to preference in promotion. by reinstatement. by reemployment of persons separated through reduction in force or by appointment of outsiders with the civil service eligibility appropriate to the positions (In Panis v.A local government official’s salary may be less than that prescribed for his Grade since his salary depends also on the class and financial capability of his or her respective local government unit. and appropriated for the payment of his debts. the employees in the department who occupy the next lower positions in the occupational group under which the vacant position is classified. a de facto officer who is in good faith. Nevertheless. Each department/agency shall evolve its own screening process in accordance with standards and guidelines set by the Civil Service Commission. Recovery of compensation o A de jure officer cannot recover from the government salary or compensation which has been paid to a de facto officer. or order of execution. o A de jure officer can recover either from the government or de facto officer the amount paid to the de fact officer for services rendered by him after notice of adjudication of the title to the former. the same shall be filled by transfer of present employees in the government service. attachment. it is the law which fixes the official’s grade. ii. Prohibition against receiving additional. Salary of a public officer or employee may not. qualified and with the appropriate civil service eligibility. 4. has possession of the office. and in other functionally related occupational groups and who are competent. When a vacancy occurs in a position in the first level of the Career Service. The rules for recruitment and selection of employees are: i. by garnishment. be seized before being paid to him. Congress after fixing the salaries of certain constitutional officers may not reduce the salary of any of them during his term or tenure. Rights under the Civil Service Law & the Rules under the Administrative Code of 1987 a.

c. transfer of present employees. Even in promotions.v. except as otherwise provided. The right not to be suspended or dismissed except for cause as provided by law and after due process d. and regulations as may be promulgated by the Commission. Automatic Reversion Rule o All appointments involved in a chain of promotions must be submitted simultaneously for approval by the Commission o The disapproval of the appointment of a person proposed to a higher position invalidates the promotion of those in the lower positions and automatically restores them to their former positions. and appointment of outsiders who have the appropriate civil service eligibility. b. All personnel actions shall be in accordance with such rules. standards. under the law. o Reason for rule: preference given to old or permanent employees assumes that employees working in an office for longer period have gained not only superior skills but also greater dedication to the public service provided that the acts of the appointing power are bona fide for the best interest of the public service and the person chosen has the needed qualifications. shall be issued to a person who has been selected from a list of qualified persons certified by the CSC from an appropriate register of eligibles. The right to present complaints and grievances. Movement from one organization unit to another in the same department or agency  Any increase in salary should be incidental but never determinative of whether or not a promotion is being bestowed upon an employee. One who is next-in-rank to a vacancy is given preferential consideration for promotion to a vacant position. Right to organize Next-in-rank rule o Applies only in cases of promotion. An appointment through certification to a position in the civil service. affected persons are entitled to payment of salaries for services actually rendered at a rate fixed in their promotional appointments. Right to appeal of qualified next-in-rank: for appointment made in favour of another employee if the appellant is not satisfied with the written special reason given by the appointing authority for such appointment. a. Appointing authority is given wide discretion to fill the vacancy among the several alternatives provided for by law. i. Promotion is the advancement from one position to another with an increase in duties and responsibilities as authorized by law and usually accompanied by an increase in pay. b. o Requisites:  Series of promotions  All promotional appointments are simultaneously submitted to the Commission for approval  Commission disapproves the appointment of a person to a higher position 5. o Discretion of appointing authority: Next-in-rank rule is not absolute. The appointing authority. not necessarily in that order. Personnel action As used in the Civil Service Decree. it can be disregarded for sound reasons made known to the next-in-rank. is allowed to fill vacancies by promotion. Movement from one department or agency to another ii. reemployment. any action denoting the movement or progress of personnel in the civil service shall be known as personnel action. but it does not necessarily follow that he alone and no one else can be appointed. The rule neither grants a vested right to the holder nor imposes a ministerial duty on the appointing authority to promote such person to the next higher position. Applies only in cases of promotion. . reinstatement.  There must be an advancement from one position to another or an upward vertical movement of the employee’s rank or position. o However.

Pending appeal the decision to detail the employee shall be executor. g. Transfer is the movement from one position to another which is of equivalent rank. he may appeal his case to the Commission. which completely obliterates the adverse effects of the administrative decision which found him guilty of dishonesty. Reemployment – names of persons who have been appointed permanently to positions in the career service and who have been separated as a result of reduction in force/reorganization. extension depends upon the consent of the detailed employee Reassignment – An employee may be reassigned from one organizational unit to another in the same department but such reassignment shall not involve reduction in rank. From one organizational unit to another in the same department or agency (reassignment)  Any movement from non-career service to the career service shall not be considered a transfer. shall be entered in a list from which selection for reemployment shall be made. He is restored ipso facto upon grant of such. f.c. or designed to indirectly terminate his service. level. d. May be from one department or agency to another (detail) ii. o Commission has authority to order reinstatement of official who has been unlawfully demoted or dismissed.  Maximum period allowed is 1 year. through no delinquency or misconduct.  General Rule: If transfer is unconsented then there is violation of security of tenure. which a person has a right to refuse. or salary without break in service involving the issuance of an appointment. but it cannot be where the transfer is a preliminary step toward his removal. i. technical and scientific positions.  If employee believes no justification for detail. o Career Executive Service Personnel whose status and salaries are based on ranks Reinstatement means restoration to a state or condition from which one has been removed or separated.  Any person who has been permanently appointed to a position in the career service and who has. or is a scheme to lure him away from his permanent position. Detail is the movement of an employee from one department or agency to another without the issuance of appointment and shall be allowed only for a limited period in the case of employees occupying professional. status or salary and requires only an official order. 24 (f) of PD 807: Temporary and does not involve reduction in rank. status or salary. constitute  . e. or force his resignation for that would constitute removal from office without cause.  Exceptions: o A temporary transfer or assignment of personnel is permissible even without the employee’s prior consent. in effect. been separated therefrom. No law that compels an employee to accept a promotion for the reason that a promotion is in the nature of a gift or reward. o Receipt of separation and terminal leave pay is not fatal to appeal for reinstatement o Award of backwages limited to maximum period of 5 years. may be reinstated to a position in the same level for which he is qualified. unless otherwise ordered by CSC  Sec. otherwise such reassignment would. o It cannot be the subject of an application for a writ of mandamus o Application for reinstatement is unnecessary o Same effect as Executive Clemency.

constructive removal and violate his right to security of tenure. The extant rule is that a public officer shall not be liable by way of moral and exemplary damages for acts done in the performance of official duties unless there is clear showing of bad faith. or salary o Should have a definite date or duration. from their respective agencies in the government. two things must concur —damage to himself and a wrong or violation of the right of a party committed by the other. Demotion is the movement from one position to another involving the issuance of an appointment with diminution in duties. responsibilities. Without a wrong. unless there is an allegation in the complaint that such officials have maliciously and in bad faith acted outside the scope of their official authority or jurisdiction. it is damnun absque injuria. status. if any. if no cause is shown for it.  A demotion by assigning an employee to a lower or less important position in the same service which has a lower rate of compensation is tantamount to removal. it may be allowed and shall not be deemed prohibited as long as such would not result in disruption of work. h. - .  It is a management prerogative of CSC and any department or agency embraced i the CS  Requirements: o No reduction in rank. Government agencies shall not approve or warrant mass leave of absences substantially intended to enable employees to join or take part in prohibited mass actions. which is a diminution in status or rank. It does not require the issuance of an appointment. In General Doctrine of official immunity from liabilities for public officers Civil Liability Requisites for recovery of damages arising from acts of public officers In order to create the right of action. a floating assignment. Otherwise. is only in their official capacity. if done outside of government office hours. However. Liabilities of Public Officers A. grade or rank which may or may not involve reduction in salary. malice or gross negligence. Absent of any showing of bad faith or malice. Right to self-organization Shall not be denied to government employees Grants to government employees in the civil service the right to form unions enjoyed by workers in the private sector Imbued in the Constitution Prohibited Concerted Activity or Mass action refers to any collective activity undertaken by government employees either by themselves or through their employees’ organizations. Prevailing jurisprudence holding that public officials are personally liable for damages arising from illegal acts done in bad faith are premised on said officials having been sued both in their official and personal capacities. 6. But their liability. The government can only act through individual persons. status. It is only in the latter case that public officials may be held responsible in their individual or private capacities under the law on quasi-delict. with intent of effecting work stoppage or service disruption in order to realize their demands or force concessions or otherwise.

Effect of contributory negligence of injured party: public officials cannot be held responsible. .- every public official is entitled to the presumption of good faith as well as regularity in the performance or discharge of official duties.