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 officials 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 ones position (level of difficulty, responsibilities, and qualification requirements relative to that of another position. It is the officials Grade that determine his or her salary, not the other way around.

A local government officials 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. Nevertheless, it is the law which fixes the officials grade. No compensation for ex officio position. 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. 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. 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, the latter may recover from the government the amount so paid after such adjudication and notice. o In cases where there is no de jure officer, a de facto officer who is in good faith, has possession of the office, and has discharged the duties pertaining thereto, is legally entitled to the emolument of the office, and may, in an appropriate action, recover the salary or compensation attached to the office. Doctrine is supported on equitable grounds, 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. 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. Salary of a public officer or employee may not, by garnishment, attachment, or order of execution, be seized before being paid to him, and appropriated for the payment of his debts. Congress after fixing the salaries of certain constitutional officers may not reduce the salary of any of them during his term or tenure. Prohibition against receiving additional, double, 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, each of which has its own duties and compensation, in which case both may be held by one person at the same time. He is in the eyes of the law two officers. Pensions or gratuities. 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, unless it is otherwise provided by law. 4. Rights under the Civil Service Law & the Rules under the Administrative Code of 1987 a. Right to preference in promotion. The rules for recruitment and selection of employees are: i. When a vacancy occurs in a position in the first level of the Career Service, the employees in the department who occupy the next lower positions in the occupational group under which the vacant position is classified, and in other functionally related occupational groups and who are competent, qualified and with the appropriate civil service eligibility, shall be considered for promotion. ii. When a vacancy occurs in a position in the second level of Career Service, same except for government service instead of department iii. Each department/agency shall evolve its own screening process in accordance with standards and guidelines set by the Civil Service Commission. iv. If the vacancy is not filled by promotion, the same shall be filled by transfer of present employees in the government service, 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. CSC: this provisions applies where a new office or position is created in the course of a valid reorganization). o

v. 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. b. The right to present complaints and grievances. c. The right not to be suspended or dismissed except for cause as provided by law and after due process d. Right to organize Next-in-rank rule o Applies only in cases of promotion. 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. 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. 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. o Discretion of appointing authority: Next-in-rank rule is not absolute. Applies only in cases of promotion. Even in promotions, it can be disregarded for sound reasons made known to the next-in-rank. The appointing authority, under the law, is allowed to fill vacancies by promotion, transfer of present employees, reinstatement, reemployment, and appointment of outsiders who have the appropriate civil service eligibility, not necessarily in that order. Appointing authority is given wide discretion to fill the vacancy among the several alternatives provided for by law. 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. o However, affected persons are entitled to payment of salaries for services actually rendered at a rate fixed in their promotional appointments. 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. Personnel action As used in the Civil Service Decree, any action denoting the movement or progress of personnel in the civil service shall be known as personnel action. All personnel actions shall be in accordance with such rules, standards, and regulations as may be promulgated by the Commission. a. An appointment through certification to a position in the civil service, except as otherwise provided, 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. b. 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. i. Movement from one department or agency to another ii. 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. There must be an advancement from one position to another or an upward vertical movement of the employees rank or position.

c.

d.

e.

f.

g.

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, which a person has a right to refuse. Transfer is the movement from one position to another which is of equivalent rank, level, or salary without break in service involving the issuance of an appointment. i. May be from one department or agency to another (detail) ii. 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. General Rule: If transfer is unconsented then there is violation of security of tenure. Exceptions: o A temporary transfer or assignment of personnel is permissible even without the employees prior consent, but it cannot be where the transfer is a preliminary step toward his removal, or is a scheme to lure him away from his permanent position, or designed to indirectly terminate his service, or force his resignation for that would constitute removal from office without cause. 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, through no delinquency or misconduct, been separated therefrom, may be reinstated to a position in the same level for which he is qualified. o Commission has authority to order reinstatement of official who has been unlawfully demoted or dismissed. 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. 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, which completely obliterates the adverse effects of the administrative decision which found him guilty of dishonesty. He is restored ipso facto upon grant of such. 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, shall be entered in a list from which selection for reemployment shall be made. 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, technical and scientific positions. If employee believes no justification for detail, he may appeal his case to the Commission. Pending appeal the decision to detail the employee shall be executor, unless otherwise ordered by CSC Sec. 24 (f) of PD 807: Temporary and does not involve reduction in rank, status or salary and requires only an official order. Maximum period allowed is 1 year, 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, status or salary, otherwise such reassignment would, in effect, constitute

constructive removal and violate his right to security of tenure. It does not require the issuance of an appointment. It is a management prerogative of CSC and any department or agency embraced i the CS Requirements: o No reduction in rank, status, or salary o Should have a definite date or duration. Otherwise, a floating assignment, which is a diminution in status or rank. h. Demotion is the movement from one position to another involving the issuance of an appointment with diminution in duties, responsibilities, status, grade or rank which may or may not involve reduction in salary. 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, if no cause is shown for it. 6. 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, with intent of effecting work stoppage or service disruption in order to realize their demands or force concessions or otherwise, from their respective agencies in the government. However, if done outside of government office hours, it may be allowed and shall not be deemed prohibited as long as such would not result in disruption of work. 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.

Liabilities of Public Officers A. 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, two things must concur damage to himself and a wrong or violation of the right of a party committed by the other. Without a wrong, it is damnun absque injuria. The government can only act through individual persons. But their liability, if any, is only in their official capacity, 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 only in the latter case that public officials may be held responsible in their individual or private capacities under the law on quasi-delict. 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. 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, malice or gross negligence. Absent of any showing of bad faith or malice,

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