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ADMINISTRATIVE LAW QUIZZLERS - AGPALO

PART II: LAW ON PUBLIC OFFICERS

CHAPTER 3: DE FACTO OFFICER of some defect or irregularity in its exercise, such

ineligibility, want of power or defect being unknown to the
Q. Who is a de facto officer? public or under color of an election, or appointment, by or
pursuant to an unconstitutional law, before the same is
A. A public officer may either be de jure or de facto. To distinguish: adjudged to be valid

DE JURE DE FACTO
Q: What are the examples of de facto officer?
Total compliance with all
There is defect in the compliance
requisites of the law
A: The following are examples of de facto officers:
One who is in all respects legally One who assumed office under a
appointed or elected and color of a known appointment or 1. a person who has been declared winner by the court or by
qualified to exercise the office election the COMELEC in an election protest and assumed office
Void because officer was not
based thereon and who has thereafter been adjudged not
eligible or because there was a
entitled to the office is a de facto officer because he
want of power in the electing
body, or by reasons of some exercised the duties of the elective office under color of
Valid election thereto and is thus entitled to the emoluments of
defect or irregularity in its
exercise, such ineligibility, want of the office; not a usurper because a usurper is one who
power, or defect being unknown undertakes to act officially without any color or right
to public 2. a judge who resigned in his position is considered de facto
Entitled to emolument only for
Actually entitled to emolument officer until he is formally notified of the acceptance of his
actual services rendered
resignation, for a resignation to be effective must be
He cannot be made to reimburse accepted by the officer authorized to accept it
funds disbursed during his term of
3. a person appointed to a position during the period that the
office because his acts are as valid
as those of a de jure officer incumbent, who was removed therefrom, was litigating his
action for reinstatement, may be considered a de facto
officer
Note: There can be a de facto officer in a de jure office, there cannot
be a de facto officer in a de facto office (there is no such thing as a de 4. a person who acts and discharges the office pursuant to an
facto office under an unconstitutional law) appointment w/c requires approval by another officer or
office, such as the Civil Service Commission, is a de facto
Q. What is a de facto officer? officer until the appointment is finally approved or
disapproved  if approved, he becomes a de jure officer; if
A. A pubic officer or employee who assumed office under a color of a disapproved, he becomes an usurper
known appointment or election, even if such assumption is tolerated or 5. an elected officer who has been proclaimed and has
acquiesced by superior officers and even when the appointee had assumed office but was later on ousted in an election
served for years, he is merely a de facto officer for the duration of his protest or quo warranto is a de facto officer during the time
occupancy of the office for the reason that he assumed office under he held the office
color of known appointment w/c is void by reason of some defect or
irregularity in its service. He is one who is in possession of an office in Q. Who is a usurper?
the open exercise of its functions under color of an election or an
appointment, even though such election or appointment may be 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
irregular
officer who exercises the duties of an office under a color of
1. not a mere volunteer
appointment or election
2. he is one who has the reputation or appearance of being the
officer he assumes to be but who, under the law, has no
right or title to the office he assumes to hold
3. a de facto officer is one whose acts, though not those of
lawful officer, the law, upon principles of policy and justice,
will hold valid so far as they involve the public and third
persons, where the duties of the officer were exercised
under color or a known election or appointment, void
because the officer was not eligible, or because there was a
want of power in electing or appointing body, or by reason

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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
A person whose appointment as a
sectorial representative has been
immediately questioned before
the appropriate agency as
violative of law is, if such
appointment is declared invalid
Municipal mayor, who filed his
Cert. of Candidacy for
congressman and who thereafter
withdrew it and resumed the
duties of mayor, has no title to
the office, as he is, by law,
automatically resigned therefrom
from the moment he filed his
cert. of candidacy
Q. What are examples of valid acts?
A. A judge who resigned his judgeship but continued to discharge the
duties thereto pending his receipt of the acceptance of his resignation
as de facto officer and his decision or order issues in a case during such
period is valid as that of a de jure judge, insofar as the parties and the
public are concerned. His official acts cannot be attacked collaterally by
a writ of prohibition or by a suit to enjoin the execution of the decision
A de facto officer assumed the exercise of a part of the prerogative of
sovereignty, and the legality of that assumption is open to attack of the
sovereign power alone
An officer seeking to justify his act or defending his right as a public
officer must allege and prove that he is a de jure officer, for the acts of
a de facto officer as far as he is himself is concerned are void.
The purpose of the rule is to discourage the seizure of public office 
officer ought to know whether he is legally an officer and if he attempts
to exercise the duties of an officer w/o authority, he should act at his
peril
Q. What is compensation?

Q: What are the elements of a de facto officer?
A: There must be:
1. a de jure office
2. a color of right or authority
3. actual physical possession of the office in good faith
4. general acquiescence by the public or a recognition by the
public who deals with him of his authority as holder of the
position
GR: There can be no de facto officer where there is no de jure office
(there may be a de facto officer in a de jure office)
X: office created by law has been subsequently declared
unconstitutional; declaration of invalidity of the law creating
an office or position makes officer appointed to it a de facto
officer during the tenure thereto
Q. What are the reasons for the de facto officer doctrine
A. Public interest demands that acts of persons holding, under color of
title, an office created by a valid statute be deemed valid insofar as the
public is concerned. Otherwise, those dealing with officers and
employees of the government would be entitled to demand from them
satisfactory proof of their title to the positions they hold, before dealing
with them, or before recognizing their authority or obeying their
commands, even if they should act within the limits of the authority
vested in their respective officers, positions, or employment
Doctrine formulated for the protection of the public and individuals
who get involved in the official acts of persons discharging the duties of
an office without lawful officers (not for the protection of de facto
officers). Doctrine is founded on public policy and convenience, for the
right of one officer claiming title or interest under or through the
proceedings of an officer having an apparent authority to act would be
safe, if it were necessary in every case to examine the legality of title of
such officer up to its original source.
Q. Are the acts of de facto officers valid?
rd
A. VALID insofar as 3 parties are concerned
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 officer’s 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
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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
atty’s 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
A de facto officer does not enjoy the guarantees of security of tenure
 he may be removed from office even without cause
Q. What happens to a proceeding to try title of de facto
officer?
A. Title cannot be assailed collaterally. It may not be contested except
directly, by quo warranto proceedings. The validity of an officers acts
cannot be questioned upon the g round that he is merely a de facto
officer, the reason being that it would be an indirect inquiry into the
title of the office, and the acts of a de facto officer, if within the
competence of his office, are valid, as far as the public is concerned.
Prohibition doesn’t lie to determine the title of a de facto officer
CHAPTER IV: COMPENSATION, BENEFITS & PRIVILEGES
A. 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 gov’t employee/officer
that is away from home base. They are intended to cover daily
subsistence (lodging, etc) when such person’s 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.
Q. What is the right to compensation?
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A. It is a statutory right, the person entitled so much as the law grants
him
Requirements (for payments of salaries/wages):
 existence of a legally created position with fixed
compensation attached to the position
 issuance of a valid appointment
 rendition of service being paid
 payment to the right person
1. provision for compensation carries with it the RIGHT to
compensation
2. If a person no longer has title to such office, the right to
compensation also ceases  he can longer recover salary
incident thereto
3. An elective official that has been ousted via election protest
and who has assumed office and has done his duties is
ENTITLED to compensation provided in such position
NB: they are de facto officers, legally entitled to the
emoluments of office
Q. What is salary as an incident of office?
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.
Q. Can salary be garnished?
A. General Rule is that money in the hands of public officers, although it
may be due government employees, is NOT LIABLE to their creditors in
garnishment proceedings. Reasons for the rule: Sovereignty (State
cannot be sued w/o its consent), Moneys for as long as in hands of
disbursing officer remain in government’s money, and it is contrary to
Public Policy.
Salary check of an officer doesn’t belong to him before it is physically
delivered, but to the government. The creditors can’t garnish the check
nor can the O/E assign it without the gov’t’s consent.
Q. What is the government’s policy on compensation?
A. The policy is equal pay for substantially equal work. Differences in
pay are upon the substantive differences in duties and responsibilities
and qualification requirements. The Dept of bureau and management
(DBM) is tasked to establish and administer a unified Compensation
and Position Classification System (CPCS). CPCS is applicable to ALL
positions (elective/appointive/full-time/part-time of Gov’t or GOCCs). It
has these principles:
 All gov’t personnel shall be paid just and equitable wages;
ratio of compensation is to be maintained at equitable levels
 Basic compensation shall be comparable to those of the
private sector (doing the similar work)
 Total compensation is maintained at a reasonable level in
proportion to national budget
 A review of gov’t compensation rates to be conducted
periodically
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Q. What are the position classifications for salary grade relationships

purposes? 6. Kind of supervision
exercised
A. There are four main categories: 7. Decision-making
 Professional supervisory – Managerial positions or with responsibility
those management functions (E.g. planning, organizing, 8. Responsibility of accuracy
directing, overseeing a unit of the org). Requires intense of records and reports
and thorough knowledge of a specialized field acquired 9. Accountability for funds
from a bachelor’s degree or higher degree courses. Salary 10. Hardship, hazards, and
Grade: 9 – 33 personal risks involved
 Professional non-supervisory – Requires thorough
knowledge in the field of arts and sciences or learning Q. What are the salary rates in local government units and of
acquired through knowledge of at least 4 years of college military and police personnel?
studies. SG: 8 – 30
 Sub-professional supervisory – Requires knowledge from A. The legal basis is RA 7160 (LGC) and RA 6758 (sec10) – rates of pay in
secondary or vocational education or completion of up to 2 LGUs shall be determined on the basis of class and financial capability
years of college education. (E.g. supervisory duties over a of each unit, but shall not exceed the salary grade. The base pay of
group of employees). SG: 4 – 18 military and police people are prescribed in RAs: 6638, 6648, 1134,
 Sub-professional non-supervisory – Requires skills acquired 3725, 6658
through training and experience or completion of
elementary education, secondary or vocational education, Q. What are the Constitutional restrictions on compensation?
or completion of up to 2 years of college education.SG: 1 -
10 A.
 Sec10, Art 6: Salaries of Senators/House determined by law;
Q. What does it mean to have Salary grades 1-33? no increase until full term of last member who approved
expires
A. Salary Grade is a means of grouping positions according to the level  Sec6, Art 7: Salaries of Pres/VP not be decreased during
of difficulty, responsibilities and qualifications needed. DBM is tasked their tenure; no increase din until term expires; Prohibited
with fixing the salary grades, subject to standards set forth in law and from receiving emoluments from gov’t or any other source
the determination of officials who are of equivalent rank and assign  Sec10, Art 8: Salaries of Judiciary fixed by law; No decrease
them to the same Grade. during tenure
 Sec3. Art 9-A: Salaries of Chairman and Commissioners fixed
SALARY GRADE POSITION by law; No decrease during tenure
33 President  Sec10, Art 11: No elective/appointive PO/E receive
VP additional/double/indirect compensation unless specifically
32 Senate Pres/Speaker authorized; Can’t accept any
Chief Justice emolument/present/office/title from foreign gov’t without
Senators congress’ consent
SC Justices  Sec8. Art 9-B: Pensions, gratuities shall not be considered as
Chairmen(Constitutional additional, double, or indirect compensation
31
Commissions)
Department Secretaries Q. What is double compensation?
Other positions (Equivalent rank)
Members (Constitutional A. The legal basis is Section 17, Act 4187, Section 8, Article IX-B.
30 Commissions) GR: no double compensation for gov’t employees/officers.
Other positions (Equivalent rank) X: Officers and Employees who are duly appointed by the by
Determined by DBM based on: competent authority to any position in another gov’t agency or office in
1. Education and experience a concurrent capacity may receive additional compensation in the form
required of honoraria or allowances (with the President’s discretion). Additional
2. Nature and complexity of compensation to be paid from the appropriation of the gov’t
the work agency/office benefitting from the concurrent service.
29 - 1 3. Kind of supervision Exception to exception: VP and cabinet members and
received their deputies and assistants
4. Mental/physical strain  prohibited from receiving additional or indirect
required in work compensation from ex-officio positions they hold
5. Nature and extent of
internal/external

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 A retired gov’t official, who has received his retirement
benefits/monthly pensions, who re-enters gov’t and receives
salary, does not violate prohibition on double compensation
NB: If he is to receive separation pay from his new job, he is
barred from using the years he served in his old job to
compute the years his separation pay is to be based. Only
the years he served in the new job will be counted.
Q. What is the rule on double compensation not applicable to
pension?
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 gov’t to
which another form of compensation is attached. If he retires in the
new job, he can receive double pension.
Q. What are the rules on per diems?
A. Commission on Audit rules:
 Generally allowed to members and secretaries of gov’t
boards pursuant to statutory authority for every attendance
in a board meeting where there is a quorum.
 Payment of additional per diem for any subsequent meeting
during the day is not allowed.
 The special meeting must be called by the Chairman/any
member duly authorized. If not, no per diem allowed.
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. BENEFITS IN GENERAL
4.81 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
4.82 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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in the calendar year in which earned may be carried
over to the succeeding years
o O/E who voluntarily resigns/separated from service
without his fault is entitled to commutation of
accumulated leaves (minus the 5 days mandatory
vacation leave)
o Commutation is based on the highest rate received.
NB: Commutation for members of the Judiciary and
the ConCom is based on the highest salary + highest
monthly aggregate of transpo, living and
representation allowances.
 Sec81 RA 7160 (LGC) – ELECTIVE officials entitled to the
same leave privileges as those enjoyed by appointive local
officials, including commutation.
4.83 Terminal leave pay
TERMINAL PAY COMMUTATION OF SALARY
cash value of the
retiree’s accumulated
leave credits and is
applied for by an employee during
applied for by an O/E
employment when he goes on
who has already severed
ordinary leave
his connection with his
employer and who is no
longer working.
 Computation: Based on highest monthly salary while in gov’t
service
NB: includes the higher salary he received in an acting
capacity in another position from his regular position
4.84 Merit and monetary awards system
 Section 6 RA 6713 provides for the establishment of a
system of annual incentives and rewards and such incentives
and rewards may take in the form of bonuses, citations,
directorships (in GOCCs), local/foreign grants, paid vacations
or automatic promotions. The Omnibus Rules Implementing
EO 292. It provides that honor awards shall consist in
outstanding PO/E award, which are granted to O/E who
have demonstrated exemplary service. Civil Service
Commission is tasked to implement such reward system
Q. What are the allowances in case of injury, death or
sickness?
A. It is provided in section 699, Revised Admin Code. If injured, with
actual physical wound/hurt (in performance of duty) – full payment of
salary (not exceed 6 months), medical attendance, hospital fees,
medical attention, subsistence. NB: If not, will be charged to vacation
leaves, if any. If killed/dies to injuries received/sickness contracted in
duty – payment of reasonable burial expenses + 6 months’ salary/wage
(greater than P1k) to surviving spouse/dependent child/children. If
becomes sick (caused directly by performance of duty) – payment of
hospital fees. Such allowances must be made with the recommendation
of the proper authorized person.
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Q. What is the Employee’s compensation Program?
A. Employees’ Compensation Program – prescribes benefits to O/E who
get injured/sick/dies as a result of performance of duties. Benefits
received are in the form of: medical services, appliances and supplies,
rehabilitation services, death benefits, etc. Injury to be considered for
compensation:
a. Takes place within the period of employment
b. At a place where O/E may reasonably be
c. While he is fulfilling his duties or engaged in doing
something incidental
Sickness to be considered:
a. Definitely accepted as an occupational disease
b. Caused by employment, subject to proof that the risk
of contracting it is increased by working conditions.
No compensation allowed when sickness/injury/disability/death was by
virtue of his intoxication, willful intention, notorious negligence
C. RETIREMENT BENEFITS
Q. What is the Government service insurance system
A. GSIS prescribes retirement scheme of all government officers and
employees
 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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- When? 65 years old with at least 15 years of
service
- Doesn’t apply to elective officials and
constitutional officers whose tenure of office is
guaranteed.
Q. What is Compulsory retirement?
A. Retirement is compulsory when an employee reaches 65 years old
with at least 15 years of service unless the service is extended by
appropriate authorities. If less than 15 years of service when he reaches
65 years old, he shall be allowed to complete the 15 years. But,
according to Rabor v CSC, the extension should not exceed 1 year. So,
66 years old is the final working age. The computation of a member’s
service includes full time, part time and other services with
compensation. It aims to maintain efficiency in the gov’t + give retirees
a chance to enjoy remaining life
Q. What is an optional retirement?
A. Once filed by an O/E, cannot unilaterally withdraw it (must be with
approval of head of office). If O/E has complied with the requirements
for the retirement benefits, it is enforceable in a court of law. Refusal of
such issuance can be compellable by mandamus as it is not a
discretionary act.
Q.How are retirement benefits computed?
A. Basis: highest rate received/highest monthly salary received (which
includes additional compensation given). GR: government service
rendered on a per diem basis is not credible for computing the length
of service for retirement purposes. The grant of retirement benefits
necessitates an obligation on the part of the employee to contribute to
the insurance fund, which arises only when that employee is receiving
‘salary/compensation’ and not per diem. Per diem is incapable of
paying off contributions to GSIS.
 GSIS (not CSC) has the power to determine what service is
creditable for retirement purposes
Q. When can the members of the judiciary retire?
A.
 When rendered 20 years of service in the judiciary or in any
brach of gov’t and:
a. Attained 70 years old
b. Resigned by reasons of his incapacity to discharge
duties
o Rendered 20 years of service in the gov’t, the last 5
years continuously rendered in the judiciary and
o having attained 60 years old.
 Section 3-a of RA 910 (amended by RA 1797)
- grants retired Justices (SC and CA automatic increases in
their pension benefits whenever incumbent justices receive
salary increases, equivalent to what the latter receive.
 Section 1, RA 910: Restrictions for receiving pension
No retiring judge shall
o appear as counsel before any court in a civil case
where the Gov’t is the adverse party
o appear as counsel on any criminal case where PO/E is
accused in an offense in relation to his office
o collect any fee for his appearance in any admin
proceeding to maintain interest adverse to the gov’t
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Q. What are the retirement benefits of constitutional officers?
A. When entitled to receive benefits:
 Upon completion of his term
 By reason of inability to discharge duties if his office
 Dies while in the service
 Resigns after reaching 60 years old but before expiration of
term having rendered at least 20 years of service
NB: Courtesy resignation ≠ resignation mentioned above; but still
entitles such person to receive all retirement benefits because the
acceptance of such resignation rendered his term completed.
Q. What is the nature of retirement benefits?
A. Benefits given as rewards for giving the best years of their lives to
the service of their country; service to the gov’t. Pension a form of
deferred compensation. Right to such is vested upon entry into the
retirement system and it becomes an enforceable obligation in court.
Purpose of pension is a form of enticement and security after
retirement, especially to those who have been incapacitated by illness
or accident. Retirement benefits are exempt from attachment,
garnishment, levy, execution, income/withholding taxes. They cannot
be withheld from the retiree to be applied for his indebtedness to the
gov’t.
Q. How are retirement laws construed?
A. Liberally, In favor of retiree because their intention is to provide for
his sustenance.
Q. What are the retirement laws under RA 6683?
A. RA 6683: provides for early retirement and voluntary separation
from the gov’t service as well for involuntary separation due to
reorganization. NB: RA extends to coterminous employees as well in
order to have equal protection of law.
Q. Are retirement benefits liable to pay debts?
A. No, Retirement benefits accruing to a PO/E are precluded from being
withheld and applied to his indebtedness to the Gov’t or to a private
person. Unless clearly provided for in the law, the pension should inure
wholly to the benefit of the pensioner.
Q. Is double pension allowed? When is it allowed?
A. GR: pension and other gratuity laws should be construed as to any
person from receiving double compensation. An example would be
when there is an express legal exception (e.g. sec8, Art 9-B Consti)
D. OTHER PRIVILEGES
Q. What legal services are rendered by the Solicitor General
and government lawyers
A. A PO/E can avail the services of the Solicitor General when it is a civil
suit for damages arising from the performance of his duties. NB: If
criminal suit, SG can’t represent him. LGU officials can avail the services
of the SG if they are sued in their official capacity and no personal
liability will result. If they may be rendered personally liable, a private
counsel is needed.
7|M I R A N D A SU AR E Z
Q. What are the legislative privileges?
A. It is provided in Sec11, Art VI of the Constitution.
Immunity from arrest
Conditions necessary:
1. Crime charged must not have a penalty more
than 6 years imprisonment
NB: If bailable, can post bail to attend sessions
2. The Congress is in session
NB: If in recess, he can still be arrested if doesn’t fall
under #1.
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.
Q. What is the immunity from civil and criminal action for
speech or debate (Speech or debate clause)
A. Scope of the privilege:
a. utterances made by Congressmen (and Senators)
in the performance of their official functions,
while Congress is in session
b. bills introduced in Congress, whether in session
or not
c. other acts performed by Congressmen, either in
Congress or outside, in the official discharge of
their duties duly authorized to perform its
functions
d. extends to the drafting of a report submitted to
committees
NB: So a Congressman can deliver a speech/make a report in the
discharge of his legislative function, slandering and destroying other in
impunity or baselessly defaming a private citizen, without being civilly
or criminally liable for libel!
Q. What are the privileges of impeachable officers?
A. Impeachable officers cannot be suspended nor removed, except by
impeachment. Disciplinary actions, such as disbarment, do not apply to
impeachable officials, by reason of violations of his oath (if he is a
lawyer) or malfeasance or misconduct. Such person can only be held
administratively liable only after separation from office. (Why? Doctrine
of Separation of Powers). Impeachable officers are the following:
President, Vice-Pres, SC justices, Members of Constitutional
Commission and Ombudsman.