Right to Salary or Compensation Salary personal compensation to be paid to the public officer for his services Generally a fixed

xed or periodical payment depending on the time and not on the amount of the services he may render. Distinguished from wages: Salaries are given to officers of higher degree of employment than those given wages. Salary is compensation per annum. Wages are paid day by day or week by week. GENERAL RULES: A public officer is not entitled to compensation for services rendered under an unconstitutional statute or provision thereof. Exception: If some other statute provides otherwise.

If no compensation is fixed by law, the public officer is assumed to have accepted the office to serve gratuitously. After services have been rendered by a public officer, the compensation thus earned cannot be taken away by a subsequent law. However, he cannot recover salary for a period during which he performed no services. One without legal title to office either by lawful appointment or election and qualification is not entitled to recover salary or compensation attached to the office. One who intrudes into or usurps a public office has no right to the salary or emoluments attached to the office.

Compensation not an element of public office Compensation is not indispensable to public office. It is not part of the office but merely incident thereto. It is sometimes expressly provided that certain officers shall receive no compensation, and a law creating an office without any provision for compensation may carry with it the implication that the services are to be rendered gratuitously.

Salary, Wages, and Per Diems Defined and Distinguished Salary: Wages: Per Diem: time-bound service-bound allowance for days actually spent for special duties

Salary of Public Officer Not Subject to Attachment The salary of a public officer or employee may not, by garnishment, attachment, or order of execution, be seized before being paid by him, and appropriated for the payment of his debts. Money in the hands of public officers, although it may be due government employees, is not liable to the creditors of these employees in the process of garnishment because the sovereign State cannot be sued in its own courts except by express authorization by statute. Until paid over by the agent of the government to the person entitled to receive it, public funds cannot in any legal sense be part of his effects subject to attachment by legal process. (Director of Commerce and Industry v. Concepcion)

Future or Unearned Salaries Cannot be Assigned The salary or emoluments in public office are not considered the proper subject of barter and sale. (22 R.C.L. 541) Agreements Affecting Compensation Held Void An agreement by a public officer respecting his compensation may rightfully be considered invalid as against public policy where it tends to pervert such compensation to a purpose other than that for which it was intended, and to interfere with the officer's free and unbiased judgment in relation to the duties of his office. (This is usually with reference to unperformed services and the salary or fees attached thereto.) Right to Recover Salary: De Jure Officer and De Facto Officer Monroy v. CA and del Rosario Where a mayor filed a certificate of candidacy for congressman then withdrew such certificate and reassumed the position of mayor, thus preventing the vice-mayor from discharging the duties of the position of mayor, the mayor should reimburse to the vice-mayor, as the right rightful occupant of the position of mayor, the salaried which he had received. Rodriguez v. Tan

Where a duly proclaimed elective official who assumes office is subsequently ousted in an election protest, the prevailing party can no longer recover the salary paid to the ousted officer. The ousted officer, who acted as de facto officer during his incumbency, is entitled to the compensation, emoluments and allowances which are provided for the position. Exception: If there was fraud on the part of the de facto officer which would vitiate his election. Q: When can the de jure officer recover from: (a) the government? When the government continues to pay the de facto officer even after the notice of adjudication of the protest in favor of the de jure officer. (b) A de facto officer? When notice of adjudication of the title to the de jure officer has been given, and the de facto officer still continues to exercise duties and receive salaries and emoluments. (c) An intruder / usurper? At all instances. Additional or Double Compensation Prohibited Q: Differentiate additional compensation from double compensation. Additional Double

There is only 1 position, but There are 2 positions, and with additional functions and the public officer is getting additional compensation. emoluments for both positions. Q: Differentiate the 2 kinds of allowances. Commutable Given by virtue of the position whether or not he incurred under expenses for which the allowance was spent Reimbursable The public officer must present a receipt or certification oath that such amount

is given. Received as a matter officer of right. spent. There is a conclusive presumption that it was spent.

in order that the public may recover the money

RULES: Pensions / gratuities are not considered as additional, double, or indirect compensation. (Sec. 8, Art. IX-B, 1987 Constitution) By its very nature, a bonus partakes of an additional remuneration or compensation. (Peralta v. Auditor General) An allowance for expenses incident to the discharge of the duties of office is not an increase of salary, a perquisite, nor an emolument of office. (Peralta v. Auditor-General)

Can Public Officer Recover Salary for Period of Suspension? RULES: If preventively suspended: salary. NO, he cannot recover

BUT: If he is subsequently exonerated, he can recover salary for the period of his preventive suspension. If he was given penalty of removal from office, but was because completely exonerated upon exonerated. appeal: If he was given penalty of removal from office, but his found YES, he can recover he was completely

NO, because he was still

penalty was commuted from penalty was removal to mere suspension, or demotion: If the suspension / removal from office is unjustified:

guilty reduced.

although

the

YES.

Q: In summary, when can payment of salaries corresponding to the period when an employee was suspended be allowed? A: (1) When he is found innocent of the charges which caused his suspension; (2) When the suspension is unjustified (Abellera v. City of Baguio)

Right to Salary

Basis: 1.legal title to the office 2.law attaches compensation to the office Right of de facto officer to compensation when there is no de jure and de facto officer, who in good faith has possession of the office and has discharged the duties. Salary cannot be garnished nor subject to attachment or order of execution before being paid to him to answer for the payment of his debts. Public policy also prohibits the assignment of unearned salaries Agreements affecting compensation are void as contrary to public policy.

 Compensation, allowances and other benefits granted without the approval of the DBM are unauthorized and irregular. Constitutional provisions affecting salaries: 1. No increase in salaries of members of Congress shall take effect until after the expiration of the full term of the Members of the Senate and House of Rep who approved he increase. 2. Salaries of President and VP shall be fixed by law and shall not be decreased during their tenure. No increase, until after expiration of the incumbent during which increase was approved. 3. Salary of members of the Judiciary shall not be decreased during their continuance in office; income tax is not unconstitutional diminution. 4. Additional, double or indirect compensation are prohibited. 5. Standardization of compensation. 6. Separation pays to career Civil Service employees who are separated from service not for cause but by reason of reorganization. Preventive Suspension and the Right to Salary 1. Preventive Suspension pending investigation 2. Preventive Suspension pending appeal If the penalty imposed is suspension or dismissal and after review, he is exonerated no right to compensation during preventive suspension even pending investigation It is not enough that he is exonerated; it must be shown that suspension is unjustified Justified if charged with: 1. Dishonesty 2. Oppression 3. Grave misconduct 4. Neglect of duty Gloria vs. Court if Appeals Entitled not only to reinstatement but also to back wages for the period of preventive suspension pending appeal. Because preventive suspension pending appeal is actually PUNITIVE.

Award should not exceed equivalent of 5 years pay at the rate last received before suspension was imposed. If his conviction is affirmed, the period of his suspension becomes part of the final penalty of suspension. Right to back salaries of illegally dismissed employees Illegally dismissed government employees who is later ordered reinstated is entitled to back wages and other monetary benefits from the time of his illegal dismissal up to his reinstatement. no work, no pay not applicable Note: Balitaosan vs. Secretary, DECS: reinstatement was not the result of exoneration but an ACT OF LIBERALITY of the CA, the claim for back wages was not allowed. Thus the general rule that a public official is not entitled to compensation if he has not rendered any service was applied. No right to back wages if NOT EXONERATED and NOT UNJUSTIFIABLY SUSPENDED Right to additional allowance and benefits LGUs may provide additional allowances and benefits to national government officials assigned or stationed in their municipality or city. Not without limitations. Right to Preference in Promotion Right does not prevail over discretion of appointing authority. Right to Vacation and Sick Leave Sec 81, RA 7160 (LGC) Elective local officials shall be entitled to the same leave privileges as those enjoyed by appointive local officials, including the cumulation and commutation. Entitled to commutation of all leave credits without limitation and regardless of the period when the credits were earned, provided the claimant was in the service as of January 9, 1986. Government employees are not required to work on Saturdays, Sundays and holidays. Right to Maternity Leave Right to Retirement Pay Retirement laws are liberally construed in favor of the retiree. Money value of the terminal leave of a retiring government official shall be computed at the retirees highest monthly pay.

Judiciary extension if satisfied that the career was marked by competence, integrity and dedication to the public service. A reserved officer who successfully rendered a total of 10 years continuous active commissioned military service shall not be reverted to inactive service except for cause or upon his own request. Covered by compulsory membership in the GSIS. Totalization of service credits is only resorted to when the retiree does not qualify for benefits in either or both of the systems. Right to reimbursement for expenses incurred in due performance of duty Right to be indemnified against any liability which they may incur in the bona fide discharge of their duties. Right to longevity pay