GROUP IV Chapter 7 and 8

Ralfh Silvia
Clemence Doria
Phil Joseph Pasion
Romavel Delos Santos
Mechelle Anne Robles
JaIME JANE Salientes
Chapter 7 Rights of Public Officer
TERM TENURE

As to definition, the time during which As to definition, represents the period

an officer may claim to hold the office during which the incumbent actually
as a right and fixes the interval after holds office.
which the several incumbents shall
succeed one another.

As to period, it is not affected by As to period, it may be shorter than

holding over of the incumbent after term.
the expiration of the term for which he
was appointed or elected.
GR No. 140335 Gaminde vs COA Dec 13, 2000
Facts: Thelma P. Gaminde was appointed ad interim by the President of the Philippines on June 11,
1993, and assumed office on June 22, 1993. On February 24, 1998, Gaminde sought clarification from
the Office of the President regarding the expiry date of her term. The Chief Presidential Legal Counsel
opined that Gaminde's term would expire on February 2, 2000, not on February 2, 1999, as stated in
her appointment paper. Relying on this advisory opinion, Gaminde remained in office after February 2,
1999. The Commission on Audit (COA) issued a notice of disallowance, disallowing in audit the
salaries and emoluments of Gaminde and her co-terminus staff, effective February 2, 1999. Gaminde
appealed the disallowance to the COA en banc, but her appeal was dismissed. She then filed a
petition for certiorari seeking to annul the COA's decisions.

Issues: Whether Gaminde's term of office expired on February 2, 1999, as stated in her appointment
paper, or on February 2, 2000, as opined by the Chief Presidential Legal Counsel.

Ruling: Yes. Gaminde's term of office expired on February 2, 1999, as stated in her appointment
paper. However, since she served as a de facto officer in good faith until February 2, 2000, and was
entitled to receive her salary and other emoluments for the actual services rendered during that
period.
KINDS OF TERM

1. Term fixed by law;

2. Term dependent on good behavior until reaching retirement age;
3. Indefinite term, which terminates at the pleasure of the appointing
authority;

THREE TERM LIMIT RULE

The term of office of local elective officials, except barangay officials which shall be
determined by law, shall be and no such officials shall serve for more than three
consecutive terms. (sec. 8, Art. X, 1987 Philippine Constitution.
For the three-term limit rule for local elective government officials to apply,
two conditions or requisites must concur, to wit:

1. The officials has been elected for three consecutive terms for the same
position;
2. He has fully served three-consecutive terms.

Note: The three-term limit doesn’t apply whenever there is an involuntary

break. The Constitution does not require that the interruption or hiatus be full
term of three years. What the law requires is for an interruption, break or a
rest period from a candidate’s term of office for any length of time.
Term limits of elective officers

Elective Officers Term

President 6 years, without re-election

Vice President 6 years, with one re-election
Senators 6 years with one re-election if
consecutive
Representatives 3 years with two re-election if
consecutive
Local Executive Officials 3 years with two re-elections if
consecutive, in the same position.
RIght to office
It refers to the just and legal claim to exercise powers and responsibilities of
the public office. The rights of one elected or appointed to office are, in
general, measured by the Constitution, or the law under which he was elected
or appointed.
Contrary to common impression, salary is not an essential element of public office.
In fact there is such a thing as an honorary office to which no compensation is
attached and where the incumbent is prepared and willing to serve gratis. Even
so, this is the exception, rather than the rule as the majority of public functionaries,
because of their economic necessities, afford such generosity.

SOURCES OF SALARY

The salary of public officer may be provided by the constitution or by the statute.
Sec. 17, Art. 18 of the 1987 Philippine Constitution.
LIMITATIONS

The constitutional limitations on the the power of the legislature to alter the
salaries are the following:

The salaries of the President, Vice President, Chief Justice and Associate
Justices, Judges of the lower courts, Senators and Members of the House
of Representative shall be determined by law. No increase or decrease in
said compensation shall take effect until the expiration of the term in the
case of President, Vice President, Senators, Members of HOR and during
the continuance of their office in the case of Chief Justice, Associate
Justices and Judges of the lower courts.
The Constitution likewise provides that the Congress shall provide for the
standardization of compensation of public officials and employees, including
those in government-owned or controlled corporations with original charters
taking into account the nature of the responsibilities pertaining to, and the
qualifications required for their positions.
Moreover, it is likewise provided that no elective, appointive public officer or
employee shall receive additional, double or indirect compensation unless
specifically authorized by law, nor accept without the consent of Congress any
present, emolument, office, title of any kind from foreign government.
Salary and Due Process

Where a salary is granted by the statute, it may be withdrawn by a statute. The

rule is that one does not have a vested right to salary, which unless it is protected
by the Constitution, may be subjected to any change deemed fit by the legislature
which granted it in the first place. Thus, even if the salary may be increased, it
may also be reduced, and in fact altogether be abolished in the discretion of the
law-making body.

The salary of public officer cannot be seized by garnishment, attachment or order

of execution. Public policy also prohibits the assignment of unearned salaries or
fees
Right to Salary

The right to salary is based on the right to the office itself and accrues from the
date of actual commencement of the discharge of official duties. An appointment
issued in accordance with pertinent laws and rules shall take effect immediately
upon its issuance by appointing authority, and if the appointee has assumed the
duties of the position, he shall be entitled to receive his salary at once, without
awaiting the approval of his appointment by the Civil Service Commission. It goes
without saying that a public official is not entitled to any compensation if he has
not rendered any service. It has been held that the ex officio position being
actually and in legal contemplation part of the principal office, it follows that the
official concerned has no right to receive additional compensation for his services
in said position.
Parenthetically, it is important to note that the Department of Budget and Management (DBM) is
vested with the authority to review salaries of the government personnel, particularly with respect
to the standardization of the same.
The rationale for the review authority of DBM is to provide equal pay for substantially equal work
and to base differences in pay upon substantive differences in duties and responsibilities, and
qualification requirements of the position. PD 985 provided for the standardized compensation of
government employees and officials, including those in government-owned and controlled
corporations. Subsequently PD 1597 was enacted prescribing the duties to be followed by agencies
and offices exempt from the coverage of rules and and regulation of the Office of Compensation
and Classification. The intention, therefore, was to provide a compensation standardization scheme
such that notwithstanding any exemptions from the coverage of the Office of Compensation and
Classification, the exempt government entity or office is still required to observe the policies and
guidelines issued by the President and to submit a report to Budget Commission on matters
concerning position classification and compensation plans, policies, rates and other related details.
1. In the case of de jure officer who has been unlawfully prevented from
assuming the office, the salary accrues to him from the date of the
deprivation of the office. It has already been remarked that the de facto
officer cannot himself benefit from his status and so is not allowed as a
rule to collect salaries for services rendered. The exception is where he
had acted in good faith and there is no officer de jure claiming the office. In
any event, the right of the de jure officer to his salary should be asserted
against the de facto officer who had collected it and not against the
government, except only where the government continued paying the
salary to the de facto officer even after the adjudication of title in favor of
the officer de jure.
2. Where a public officer under investigation or prosecution is preventively suspended but
subsequently exonerated, he is entitled to payment of the salaries corresponding to the period of his
preventive suspension. The payment of back salaries may be decreed if the respondent is found
innocent of the charges which caused the suspension and when the suspension is not justified. At
any rate, a declaration by a competent authority that an order of preventive suspension is null and
void on its face entitles the suspended official of employee to immediate reinstatement and payment
of back salaries corresponding to the period of unlawful preventive suspension. Such an order is
considered null and void on its face when the same was issued by one not authorized by law, when it
is not based on any of the grounds or causes warranted by law, when it was issued without a formal
charge, or when although unlawful in the sense that it was based on the recognized grounds, the
duration of the imposed preventive suspension has exceeded the prescribed periods, in which case
the payment of back salaries shall correspond to the excess period only. A declaration of invalidity of
a preventive suspension order not based on any of the foregoing grounds shall result in the
reinstatement of the official or employee concerned. The payment of back salaries shall, however,
await the final outcome of the principal case. If the official or employee concerned is fully exonerated
of the charge, he shall be paid such back salaries. Otherwise, no back salaries shall be awarded. The
phrase full exoneration contemplates a finding of not guilty for the offense. Downgrading of the charge
to a lesser offense shall not be considered as full exoneration.
3. Back salaries are also payable to an officer illegally dismissed or otherwise unjustly
deprived of his office, the right to recover accruing from the date of deprivation. An
illegally dismissed official or employee whose reinstatement has later been ordered is
entitled to all the rights and privileges that accrue to him by virtue of the office he held.
4. A claim for back salaries cannot stand by itself. It must be coupled with a claim for
reinstatement. Claims for back salaries are subject to the prescriptive period of one
year. The Supreme Court declared that a reinstated employee, who was previously
dismissed in good faith, the dismissal not having been motivated by ill will or personal
malice, is not entitled to back wages and damages.
5. Where an employee has voluntarily accepted a lower position which she continues to
hold, estoppel bars relief seeking payment of a salary equivalent to that of a higher
position. However, an employee who is reinstated to his former position but who has
pending administrative and criminal charges against him may only be paid his back
salaries when he is absolved of the charges.
GR No. 131012
Facts:
The petitioner, Hon. Ricardo T. Gloria, filed a petition for review on certiorari assailing the Court
of Appeals' resolution.The private respondents were civil service employees who were
suspended pending investigation.The private respondents were found guilty of violation of
reasonable office rules and regulations for being absent without leave during the teachers' strike
and were reprimanded.
Issues: Whether the private respondents are entitled to the payment of their salaries during their
suspension.
Ruling: Yes. The preventive suspension of civil service employees charged with dishonesty,
oppression, or grave misconduct, or neglect of duty is authorized by the Civil Service Law.
Preventive suspension pending investigation is not considered a penalty but a measure intended
to enable the disciplining authority to conduct an unhampered investigation. Preventive
suspension pending appeal is considered punitive, and if the employee is exonerated, they
should be reinstated with full pay for the period of the suspension. Private respondents are
entitled to salaries during the period of their suspension, even if they were found guilty of
violation of office rules and regulations and were reprimanded.
Effects of Exoneration under Section 59 of the Uniform Rules on Administrative Cases in
the Civil Service

a. In case the penalty imposed is a fine, the same shall be refunded

b. In case the penalty is a demotion, the exonerated employee shall be restored to his former
position without loss of seniority rights with payment of salary differential
c. In case the penalty imposed is a transfer, he shall be immediately restored to his former post
unless he decides otherwise. In case there is a demotion in rank, salary, or status, he shall be
restored to his former rank, salary, or status.
d. In case the penalty imposed is a suspension, he shall immediately be reinstated to his former
post without loss of seniority rights with payment of back salaries.
e. In case the penalty imposed is a dismissal, he shall immediately be reinstated without loss of
seniority rights with payment of back salaries
Mandatory leave benefits shall not be charged against the respondent’s leave credits. the
respondent who is exonerated by final judgment shall be entitled to the leave credits for the
period he has been out of the service.

Prohibited Disposition of salary

Public policy prohibits the attachment, garnishment or assignment of the salary of a public officer not
only because such salary still belongs to the state as long as it has not yet been actually collected by
the public officer. A rule, which has never been seriously questioned, is that 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. Before there is actual delivery of the check, the payee has
no power over it; he cannot assign it without the consent of the government.
From the practical viewpoint, the more cogent reason is that these inhibitions would diminish the
interest of the public functionary in his work since he would have nothing to look forward to as
compensation for his services. Not interestingly, his decreased interest will result in impaired efficiency,
not to mention a temptation to make up for lost income by corrupting his office. An equally predictable
consequence is outright abandonment of office, from which the functionary can no longer anyway hope
to draw his salary.
For the same reason, a public officer is not legally bound by a pledge made by
him while still a candidate that, if elected, he will not collect his salary or will
donate it back to the government or give it to some other beneficiary. Such a
pledge can be no more than a campaign ploy and is therefore not enforceable in
a court of law. However, having collected the salary, he may thereafter comply
with his pre-election pledge without any legal inhibition because such salary has
become his private property which he may dispose of freely. Similarly, it has been
ruled that a public officer cannot agree to render services for less than the
compensation provided for by law, as this would be against public policy.
Leaves

In addition to salary, the public functionary is given vacation, sick and, in case of
women, maternity leave privileges. The purpose of vacation leave is to recharge his
batteries, as it were, or to revitalize him for his own benefit and that of the public
service. After the day-to-day routine of his work, his interest is like to flag, his
energies to dissipate, his efficiency to deteriorate. A few days of rest and relaxation
are expected to provide him with the needed tonic to rejuvenate him, and improve
the quality of his work.
Under Administrative Code of 1987, officers and employees of the Civil Service
shall be entitled to leave of absence, with or without pay, as may be provided by
law and the rules and regulations of the Civil Service Commission in the interest of
the service.
1. Vacation and Sick Leave shall be cumulative and any part not taken during the calendar year in
which earned shall be carried over to the succeeding years. They are also commutable to cash
where the functionary voluntarily resigns, retires, or is separated from the service through no fault of
his own, provided that the commutation shall not exceed 300 days of accumulated leaves, exclusive
of Saturdays, Sundays and holidays. These leaves shall be with pay and shall consist of 15 days (for
each class) for each year of actual service.
EO 1077 provides that any officer or employee of the government who retires or voluntarily resigns
or is separated from the service through no fault of his own and whose leave benefits are not
covered by any special law, shall be entitled to the commutation of all the accumulated vacation
and/or sick leave to his credit, exclusive of Saturdays, Sundays and holidays without limitation as to
the number of days of vacation and sick leave that he may accumulate, and that all officials and
employees shall be required to go on vacation leave for a minimum of five working days annually.
These leaves are also available under certain conditions, to emergency, casual, seasonal and part
time employees or laborers and those on rotation or daily basis.
2. Any married woman in the government shall be entitled to 105 days maternity leave, with full pay if she
has rendered two or more years of continuous service and half-pay if the period of service is shorter. This
privilege covers unintentional abortions and miscarriages and is available as the need arises even if it be
more than once during the same calendar year. Commutation of the maternity leave is also allowed.
Under sec. 81 of the Local Government Code of 1991, or RA 7160, elective officials shall be entitled to the
same leave privileges as those enjoyed by appointive local officials, including the cumulation and
commutation thereof.
All government officers or employees are 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.
Moreover, it has been ruled that government employees, whether or not they have accumulated leave
credits, are not required by law to work on Saturdays, Sundays and holidays, and thus cannot be declared
absent on such non-working holidays. Accordingly, they cannot and should not be deprived of their salary
corresponding to said non-working days just because they were absent without pay on the day immediately
prior thereto, or after said non-working days. A different rule would constitute a deprivation of property without
due process of law.
G.R. No. 156039 Constantino-David vs. Pangandaman-Gania Aug 14, 2003

Facts: Zenaida D. Pangandaman-Gania was a Director II and Manila Information and

Liaison Officer of the Mindanao State University (MSU) in the Philippines. She had been
holding this position since her appointment was confirmed by the MSU Board of Regents on
June 1, 1995. In October 1998, she received a copy of a Special Order designating
someone else as Acting Director in her place, claiming that her term had expired. However,
she later found out that her appointment had not been submitted to the Civil Service
Commission (CSC) for attestation.

Issues: Whether the termination of Pangandaman-Gania from her position was legal.

Ruling: The Court of Appeals ruled that Pangandaman-Gania should be paid back wages
from the time of her illegal dismissal until she was ordered reinstated by the CSC. The
Supreme Court denied the petition filed by the Office of the Solicitor General (OSG) and
ordered the payment of backwages to Pangandaman-Gania.
GR No. 138238 Balitaosan vs. Secretary of Education, Culture, and Sports Sep 2, 2003

Facts: Petitioner Eduardo Balitaosan was one of the public school teachers dismissed by
the Secretary of the Department of Education Culture and Sports for participating in a
teacher's mass strike and ignoring the return to work order. An administrative complaint
was filed against Balitaosan, along with two others, charging them with various offenses.
Balitaosan failed to provide an explanation for the charges and was subsequently
dismissed from service. He appealed to the Merit System Protection Board, but his appeal
was dismissed. He then appealed to the Civil Service Commission, but his appeal and
motion for reconsideration were both denied. Balitaosan filed a petition for certiorari with
the Court of Appeals, which ordered his reinstatement without backwages. Balitaosan filed
a motion for partial reconsideration seeking backwages, but it was denied.

Issues: Is Balitaosan entitled to backwages for the period during which he was not
allowed to work?
RULING: No. He is not entitled to backwages. The fact is that petitioner participated in the
mass action which in turn resulted in the filing of charges against him and his subsequent
dismissal later on. His reinstatement was not the result of exoneration but an act of
liberality by the Court of Appeals. Accordingly, petitioner's claim for back wages for the
period during which he was not allowed to work must be denied.

The general rule is that a public official is not entitled to any compensation if he has not
rendered any service. No work, no pay. Since petitioner did not render any service during
the period for which he is now claiming his salaries, there is no legal or equitable basis to
order the payment thereof.
INSURANCE
GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS)
What are the benefits under the GSIS?

LIFE

Life Endowment Policy (LEP). GSIS started with the LEP program. Designed to
provide members with life insurance coverage while still in active service, LEP
provides maturity benefits to policy holders upon reaching the maturity of their policy.

Enhanced Life Policy (ELP). ELP took effect on August 1, 2003. It provides an
automatic yearly insurance coverage to new members of GSIS based on their
monthly compensation. ELP is designed to provide an enhanced death benefit for the
family of the deceased member.
The following members are covered under this program:

1. Those who entered the service starting August 1, 2003;

2. Those whose policies matured on or after July 31, 2003, and who will
continue to be active members date; and

3. Those who opted or will opt to convert their LEP into ELP.
RETIREMENT
❏ Given to government employees as a reward for giving the best years of their lives to the service of the
country.

❏ It is computed based on the highest salary of the retiree.

❏ Retirement laws are enacted to favor the retiree. Because their intention to provide for his sustenance
and hopefully even comfort when he no longer has stamina to continue earning his livelihood.

Qualifications:
1. Member of the GSIS holding a regular and permanent appointment 2. Attained the age of 65 years;
3. Rendered at least 15 years of service to the government;
4. The last 3 years of service have been continuous
If qualified:

He/She is entitled to 5-year lump sum payment of the present value of his or her annuity and annuity
thereafter to be paid monthly as long as he or she lives.
Retirement Under RA 8291

• Must render at least 15 years of service and must be at least 60 years of

age upon retirement\ • Must not be a permanent total disability pensioner
• (Option 1) Lump sum.

• (Option 2) Old age pension lump-sum equivalent to 60 months of the basic

monthly pension payable at the time of retirement, and an old age pension
benefit payable monthly for life, if the retiree is still living after the 5 year
guaranteed period or cash payment and basic monthly pension, the cash
payment shall be equivalent to 18 times the basic monthly pension
Retirement under Republic Act 660

❏ Also called “Magic 87,” this option provides both annuity and lifetime pension. Service on or before
May 31, 1977;
❏ Retiree’s last 3 years of service prior to retire must be continuous. Except in cases of death, disability,
abolition and phase-out of position due to reorganization;
❏ Appointment must be permanent in nature;
❏ Above 57 years old, the maximum monthly pension shall be 80% of the average monthly salary
retiree during the last 3 years.
❏ Below 57 years old, the benefit shall be 75% of average monthly salary.

Benefit shall be any of the following:

❏ Automatic Pension
❏ Initial three-year lump sum
❏ Available to those who are at least 63 years of age or over the date of retirement.
Retirement under Republic Act 1616
❏ Applies to retirees who were in the Government service on or May 31,
1977
❏ Must rendered at least 20 years of service regardless of age and
employment status, and his last three years must be continuous prior to
retirement. Except in cases of death, disability, abolition, and phase-out
of position due to reorganization;
❖ Benefits

- Gratuity payable by the last employer based on the total creditable service
converted into gratuity months multiplied by the highest compensation
received.

- Refund of retirement premiums consisting of personal contributions of the

employee plus interest, and government share without interest payable by the
GSIS.
Retirement under Presidential Decree 1146

❏ Only those who have been in government service after May 31, 1977 but before
June 24, 1997 may avail of this retirement program.
❏ Basic Monthly Pension (BMP) for retirees who rendered service for at least 60
years of age and rendered 15 years of service, the basic monthly pension is
guaranteed for 5 years. After the 5-year period, the retiree will receive a pension for
life.
❏ May request the payment in lump-sum of basic monthly pension for guaranteed of
5 years at a discounted less than 6%
❏ Cash Payment, at least 60 years of age and rendered at least 3 years but less than
15 years of service. be equal to 100% of the average monthly compensation.

❏ If retiree is below 60 years old upon retirement, he or she may avail retirement
benefits upon attaining his birthday.
Retirement under Republic Act 7699 (Portability Law)

❏ Combining GSIS and SSS periods with paid premiums to qualify for retirement
programs offered by both pension funds.
❏ If the retiree has satisfied the required years of service under the GSIS
retirement option, he would not be allowed to incorporate his contributions to
the SSS anymore for availment of additional benefits.
❏ Death, disability and old age, the periods of creditable services to the SSS and
GSIS shall be summed up to entitle the retiree or decedent to receive the
benefits under either PD 1146 or RA 8291
❏ RA 8291, all benefits shall apply except cash payment
❏ The purpose is that only benefits common to both SSS and GSIS shall be paid.
ACCIDENT - WHAT is the scope of cover?

(1) Death

❏ 100% of the principal sum for loss of life

❏ Unprovoked Murder and Assault – 50% of the Principal Sum but not to exceed
Php50,000.00
❏ Payment for the loss of life indemnity if an accident results to death within 180
days after the date of the accident

(2) Dismemberment, Loss of Sight, Hearing, Speech Indemnity

(3) Permanent Total Disability

- 1% of the Principal Sum per month for 100 months less any other amount
paid or payable under the same policy as a result of the same accident.
Medical Expense Reimbursement

❏ Payment of actual expenses incurred within 52 weeks from the date of accident
if insured will require treatment by a physician/surgeon, confinement in a
hospital or the employment of a nurse.

24-hour Accident Rider

❏ Includes all commercial flying of the insured as passenger – covers against

bodily injuries caused by accident while riding as a passenger and not as a
flight operator or crew member.
DISABILITY

❏ Permanent Total Disability (PTD) – disability due to injury or disease

causing complete, irreversible and permanent incapacity that will
permanently disable a member to work or to engage in any gainful
occupation resulting to loss of income. The following disabilities are
deemed total and permanent:
❏ complete loss of sight for both eyes;
❏ loss of two limbs at or above the ankle or wrists;
❏ permanent complete paralysis of two limbs;
❏ brain injury resulting in incurable imbecility or insanity; and
❏ such other cases as may be determined and approved by GSIS
BENEFIT

1. Members who become permanently and totally disabled are entitled to the monthly
income benefits for life equivalent to the basic monthly pension (BMP) effective from
the date of disability. In addition to the income benefits for life, a cash payment
equivalent to 18 times the basic monthly pension (BMP), will be paid to members who
were in the service at the time of the permanent total disability and who have paid a
total of 180 monthly contributions.

2. Separated members who have at least three years of service and become
permanently and totally disabled but have not paid a total of at least 180 monthly
contributions prior to the disability are entitled only to cash payment equivalent to
100% of their average monthly compensation for each year of service with paid
contributions but not less than twelve thousand pesos (Php12,000.00).
Permanent Partial Disability (PPD) – arises due to the complete and permanent loss of the use of
any of the following resulting to the disability to work for a limited period of time:

❏ any finger
❏ one arm
❏ one foot
❏ any toe
❏ one hand
❏ one leg
❏ one or both ears
❏ hearing of one or both ears
❏ sight of one eye
❏ such other cases as may be determined and approved by the GSIS
BENEFIT

1. The period of entitlement to PPD benefit is determined after due medical

evaluation; but such period of entitlement to the benefit will not exceed 12
months for the same contingency. Only the leave of absence/s without pay
incurred during the period of entitlement, duly certified by the authorized officer
of the agency where members are employed, is compensable.

2. The amount of PPD benefit is computed by dividing the BMP by 30 days and
multiplying the quotient by the number of compensable calendar days of leave
of absence without pay (LWOP).
Temporary Total Disability (TTD) – accrues or arises when the impaired physical and/or
mental faculties can be rehabilitated and/or restored to their normal functions, but such
disability will result in temporary incapacity to work or to engage in any gainful
occupation.

Benefit.

1. The period of entitlement to TTD benefit is determined after due medical

evaluation and proof of actual loss of work resulting in loss of income by way of the
incurred actual number of days of leave of absence/s without pay duly certified by the
authorized officer of the agency where members are employed; but such period of
entitlement to the benefit should not exceed 120 days in one calendar year.
2. However, if the disability requires more extensive treatment that lasts
beyond 120 days, the payment of TTD may be extended by GSIS but not to
exceed a total of 240 days. Only the leave of absence/s without pay incurred
during the period of entitlement is compensable.

3. Entitlement, however, starts from the fourth day of the disability. The
amount of TTD benefit is computed by multiplying 75% of the daily salary of
members by the number of days of disability based on the medical evaluation but
not to exceed 240 days for the same contingency. However, the computed daily
salary shall not be less than Php70.00 but not to exceed Php340.00 per day.
PRENEED INSURANCE

❏ Edu-Child Plan
❏ Memorial Plan
❏ College Educational Assurance Plan (CEAP)

UNEMPLOYMENT

The unemployment benefit is paid when permanent government employees who

have paid the required 12 months integrated contributions under RA 8291 are
involuntary separated from the service as a result of the abolition of their office or
position usually resulting from reorganization.
SEPARATION BENEFITS

The Separation benefit is given to employees who have not reached the retirement age of
60 but have been separated from the service. The benefit can either be in the form of
cash payment or both cash payment and pension.

Eligibility and Benefits

1. If the member has been in the service for at least three years but less than 15 years,
and below 60 years of age:

- Cash payment equivalent to 100% of the Average Monthly Compensation (average

salary in the last three years) for every year of service payable upon reaching age
60.
2. If the member has been in the service for at least 15 years and is below 60 years of age:
- Cash payment equivalent to 18 times the Basic Monthly Pension (BMP) payable
upon separation and monthly pension for life starting at age 60.

Disability or death (Computed on highest salary received)

❏ Rendered at least 20 years continuous service, regardless of his age and employment
status;

-Entitled to 1-month salary for each year of service.

❏ Rendered over 20 up to 30 years of service;

-Entitled to 1.5-month salary for each year of service.

❏ Rendered service for over 30 years of service;

-Entitled to 2 months’ salary for each year of service

❏ GSIS shall refund to employee his personal contributions for retirement premiums, plus
interest, including counterpart contributions of the government without interest.
PHILHEALTH

❏ Established by the Philippine government for health care and insurance

program;
❏ Government, private employees, and self-employed;
❏ All employees compulsorily covered by the GSIS, including their dependents,
are also automatically covered under Philhealth;.
❏ Includes health benefits packages for both inpatient and outpatient care;
❏ Allowances for hospital room, laboratories and other medical examinations, use
of surgical or medical equipment and facilities, inpatient education packages
and prescription drugs and biologicals;
❏ Not included: Non-prescription drugs and devices, alcohol abuse or dependency
treatment, cosmetic surgery and optometric services;
❏ Outpatient care services includes personal preventive series and emergency
and transfer services.
 Chapter 8
TERMINATION OF OFFICIAL RELATIONS
 Modes of terminating official relations

Expiration of Term or Tenure Impeachment

Retirement Forfeiture
Resignation Recall
Abandonment of Office Abolition of Office
Acceptance of Incompatible Office Death
Removal Conviction of Crime
 Expiration of term or tenure
1. Term which is fixed at a definite number of years
2. Expiration of term upon happening of a certain event or contingency.
3. When a public officer holds office at the pleasure of the appointing authority, his being
replaced shall be regarded as termination through expiration of term and not removal

Hold Over After Expiration of Term

When a public officer is placed in hold over status, it means that his term has expire or his
services terminated but he should continue holding his office until his successor is appointed or
chosen or had qualified. The incumbent may continue to hold the office until someone else is
elected and qualified to assume office unless, such holding over be expressly or impliedly
prohibited.
 RETIREMENT
COMPULSORY RETIREMENT
❏ Members of Judiciary – 70 years old (Art. 8, sec. 11)
❏ Other Government Officers and Employees – 65 years old (Sec. 13, par. B – GSIS
Law)

OPTIONAL RETIREMENT
❏ After rendition of the minimum number of years of service
(R.A. 1616, Sec. 1)
INVOLUNTARY RETIREMENT
A.M. No. 20-07-10-SC, January 12, 2021

RE: LETTER OF MRS. CORONA REQUESTING FOR THE GRANT OF RETIREMENT AND
OTHER BENEFITS TO THE LATE FORMER CHIEF JUSTICE RENATO C. CORONA AND HER
CLAIM FOR SURVIVORSHIP PENSION AS HIS WIFE

SHORT FACTS: After the ouster of then chief justice Renato Corona in 2012, his health deteriorated which
resulted to his death on April 29 2016. Before his death he is already 63 years old and is serving the public for
more than 15 years. His widow, Mrs. Corona, prayed for the grant of retirement and other benefits to the late
former CJ Corona and her claim for survivorship pension.

ISSUE: Should the benefits prayed for be accorded to Mrs. Corona despite her husband’s ouster by
impeachment?
HELD: Yes. The effects of a judgment on an impeachment complaint extend no further than removal from office and
disqualification from holding any public office. An impeached public officer whose civil, criminal, or administrative
liability was not judicially established may be considered involuntarily retired from service.

Retirement is the termination of one's own employment or career, especially upon reaching a certain age or for health
reasons. To retire is to withdraw from one's position or occupation, or to conclude one's active working life or
professional career. Old age is the usual ground that retires one from work. It is not, however, the sole reason therefor.
Other reasons may permanently bar a person from returning to the workforce like serious physical impediments,
personal choice, dissolution of the office or position, or exercise of the employer's prerogative. The term may even refer
to judges and justices who "retire" due to permanent disability, whether total or partial, or who died or were killed while
in actual service.

Retirement then may be voluntary or involuntary. Retirement is voluntary when one decides upon one's own unilateral
and independent volition to permanently cease the exercise of one's occupation.Retirement is deemed involuntary
when one's profession is terminated for reasons outside the control and discretion of the worker. Impeachment resulting
in removal from holding office falls under the column on involuntary retirement. Hence, the spouse of former chief
justice corona is entitled to receive the benefits.
 RESIGNATION

Is the formal renunciation or relinquishment of office. Resignation implies an expression of

the incumbent in some form, express or implied, of the intention to surrender, renounce, and
relinquish the office and the acceptance by competent and lawful authority.

REQUISITES:

In order for resignation to be complete and operative, there must be:

❏ An intention to relinquish or surrender one’s position;

❏ concomitant act of relinquishment, and;
❏ An acceptance by the proper authority
Acceptance of Resignation Necessary

Mere presentation of resignation does not work as a vacancy. Until acceptance by proper authority, the tender
or offer to resign is revocable, unless otherwise provided by statute.

Who are the proper accepting authority?

1. Competent authority provided by law

2. If the law is silent and the public officer is appointed – the appointing authority
3. If the law is silent and the public officer is elected – the officer authorized by law to call an election
to fill in the vacancy.

Is it necessary that a resignation be made in writing?

- no. The validity of a resignation is not governed by any formal requirement as to form. It can be oral. It
can be written. It can be express. It can be implied. As long as the resignation is clear, it must be given
legal effect. (Estrada v. desierto)
Effectivity Date of resignation

● If there is effectivity date specified in tender – such date will prevai

● If no such date – when the officer RECEIVES the notice of acceptance (not on the date of letter or
date of notice of acceptance)
● Appointive officers (including afp and gocc) – deemed resigned upon filing of COCs

withdrawal of resignation

● As long as it has not yet been accepted; or

● If resignation was tendered due to any vice of consent

“courtesy resignation”

A “courtesy resignation” cannot properly be interpreted as resignation in a legal sense for it is not
necessarily a reflection of public official’s intention to surrender his position. Rather, it manifests his
submission to the will of the political authority and the appointing power.
ABANDONMENT

Abandonment of office has been defined as the voluntary relinquishment of an office by

the holder with the intention of terminating his possession and control thereof.

Elements of Abandonment

❏ Intention to abandon
❏ An overt or external act by which the intention is carried into effect
A person holding a public office may abandon such office by non-user or
acquiescence.
❏ Non-user refers to a neglect to use the right or privilege or to exercise an office.
However, nonperformance of the duties of an office does not constitute
abandonment where such nonperformance results from temporary disability or
from involuntary failure to perform.
❏ Abandonment may also result from an acquiescence by the officer in his
wrongful removal or discharge, for instance, after a summary removal, an
unreasonable delay by an officer illegally removed in taking steps to vindicate his
rights may constitute an abandonment of the office
Art. 238. Abandonment of office or position. — Any public officer who, before the
acceptance of his resignation, shall abandon his office to the detriment of the public
service shall suffer the penalty of arresto mayor. If such office shall have been
abandoned in order to evade the discharge of the duties of preventing, prosecuting or
punishing any of the crime falling within Title One, and Chapter One of Title Three
of Book Two of this Code, the offender shall be punished by prision correccional in
its minimum and medium periods, and by arresto mayor if the purpose of such
abandonment is to evade the duty of preventing, prosecuting or punishing any other
crime.
 Acceptance of incompatible office

Where two offices are incompatible, they cannot be held simultaneously by the same person.
Public Policy requires that they be vested in different individuals lest a hostility or, worse,
conspiracy of powers in the two offices result in irremediable detriment to the people.

Test of Incompatibility:

The character or nature of offices or relation to each other are such that one person should not
hold both because of the contrariety and antagonism which would result in the attempt by one
person to faithfully and impartially discharge the duties of one toward the incumbent of the other.
Art. IX-B, Sec. 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.

Art. 6, Section 13 – No Senator or Member of the House of Representatives may 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, during his term without forfeiting his seat. Neither shall he be appointed to any
office which may have been created or the emoluments thereof increased during the term
for which he was elected.
EFFECT OF ACCEPTANCE OF INCOMPATIBLE OFFICE

GR: Acceptance of Incompatible office automatically

vacates the first

XPNs:

1. Where the public officer is authorized by law to accept the other office.
2. In case a public officer cannot resign without the approval of higher authority
and resorted into accepting an incompatible office, the first office will be
retained and not the second.
REMOVAL

Removal in the context of public office refers to the forcible and permanent
separation of an incumbent from office before the term expires.

Significance: Removal ensures accountability, integrity, and efficiency in public

service by holding officials responsible for their actions.
 Types of Separation from Office

REMOVAL SUSPENSION
Permanent separation before the term Temporary divestiture of office rights.
ends.

Expiration of term

REMOVAL EXPIRATION
Involves a forcible separation. Automatic termination by law or higher
authority's decision.
Power of Removal:

Implied power derived from the power of appointment.

General Rule: Officers appointed by the President are generally

removable by him.

Exceptions to the Rule:

● Members of the Supreme Court and constitutional commissions have specific removal
procedures.
● Judges of inferior courts may only be removed by the Supreme Court.
Procedure for Removal

● Involves administrative proceedings and due process to ensure fairness.

● Demotions and transfers without cause may be considered as removal.

Specific Provisions: Constitution, Article VI, Section 16 (3)

● a member of the legislature may be suspended or expelled for disorderly

behavior by not less than two-thirds [2/3] of all its members, provided that if the
penalty imposed is suspension, the same shall not exceed sixty [60] days.
● Legislators and local elective officials may be removed through specific
provisions and recall processes.
● Re-election may impact pending administrative charges.
Security of Tenure
➔ Policy-determining and confidential positions are entitled to security of tenure.
➔ Officers with fixed terms cannot be summarily removed.

Legal Cause for Removal

➔ "For cause" refers to reasons recognized by law and public policy as sufficient warrant
for removal.
➔ Examples include misconduct, inefficiency, and violation of laws.
Consequences of Illegal Dismissal

● Illegal dismissal does not create a vacancy, and appointments made to replace
the dismissed employee are void.
● Upholds the rights of the employee and ensures due process.

Reorganization as a Valid Cause

● Reorganization leading to position abolishment or merger is a valid cause for

removal.
● Ensures efficiency and effectiveness in organizational structure.
Impeachment

Impeachment in the Philippines serves as a method of national inquest into the conduct of
public officials, ensuring careful indictment, conviction, and the imposition of special
penalties.

Impeachable Officers
❏ The Constitution specifies impeachable officers as the President, Vice-President, Supreme
Court members, Constitutional Commission members, and the Ombudsman.
❏ The list of impeachable officials is exclusive and cannot be modified by the legislature.

Grounds for Impeachment

❏ Grounds for impeachment include culpable violation of the Constitution, treason, bribery,
high crimes, graft and corruption, and betrayal of public trust.
❏ Each ground has specific definitions and requirements, such as deliberate violation of the
Constitution and offenses impacting the government's orderly workings.
Impeachment Procedure
➢ The House of Representatives has the exclusive power to initiate impeachment cases,
while the Senate has the sole authority to try and decide on impeachment cases.
➢ The process involves filing a verified complaint, securing a one-third vote in the
House, and a two-thirds vote in the Senate for conviction.
➢ No impeachment proceedings shall be initiated against the same officials more than
once within a period of one year.
➢ When sitting for the purpose, the Senators shall be on oath or affirmation. When the
President of the Philippines is on trial, the Chief Justice of the Supreme Court shall
preside, but shall not vote.
➢ No person shall be convicted without the concurrence of 2/3 of all the Members of
the Senate.
Judgment and Penalties
❖ Impeachment judgments can result in removal from office and disqualification from holding
future positions under the Republic of the Philippines.
❖ Judgments in impeachment proceedings are generally not subject to judicial review,
and convicted officials may face criminal prosecution for indictable offenses.

Forfeiture

Forfeiture is a mode of terminating official relations that divests the incumbent of title to
their office due to a positive act, whether culpable or innocent.
Example of Forfeiture
- Inthe case of PEREZ v PROVINCIAL BOARD (113 SCRA 187), the Supreme Court ruled that
the mere filing of a certificate of candidacy results in the forfeiture of the petitioner's right
to the converted office under Section 29 of the Election Code of 1978.

Forfeiture of Legislative Seat

★ Acceptance of an incompatible office by a Senator or Member of the House of
Representatives leads to the forfeiture of their legislative seat.
★ Holding another office or employment in the government, its agencies, or
government-owned corporations results in the immediate cessation of their role as a
legislator.
Forfeiture in Election Code

❖ Section 66 of the Omnibus Election Code states that any person holding a public
appointive office or position is considered ipso facto resigned upon filing their
certificate of candidacy.
❖ This provision applies to government employees, including those in government-
owned or controlled corporations, upon filing for candidacy.

Resignation upon Filing for Office

Section 67 of the Omnibus Election Code mandates that any elective official running
for a different office is ipso facto resigned from their current position upon filing their
certificate of candidacy, except for the President and Vice-President.
RECALL

Recall is a method of removal employed directly by the people

themselves through the exercise of their suffrages. It is intended to
make the public official more responsive to popular will through
constant awareness of the power of the electorate to replace him
even before the expiration of his term.
CONSTITUTIONAL MANDATE

Article X Section 3 of the Constitution

Section 3. The Congress shall enact a local government code which shall provide for
a more responsive and accountable local government structure instituted through a
system of decentralization with effective mechanisms of recall, initiative, and
referendum, allocate among the different local government units their powers,
responsibilities, and resources, and provide for the qualifications, election,
appointment and removal, term, salaries, powers and functions and duties of local
officials, and all other matters relating to the organization and operation of the local
units.
WHOM SHALL EXERCISED RECALL (Section 69 of RA 7160)

The power of recall for loss of confidence shall be exercised by the registered
voters of a local government unit to which the local elective official subject to such
recall belongs.
PROCEDURE FOR RECALL (Section 70 and 71 of RA 7160, as amended by RA 9244)

(A) The Recall of any elective provincial, city, municipal or barangay official shall
be commenced by a petition of a registered voter in the local government unit
concerned and supported by the registered voters in the local government unit
concerned during the election in which the local official sought to be recalled
was elected subject to the following percentage requirements:

● At least twenty-five percent (25%) in the case of local government units with a voting
population of not more than twenty thousand (20,000);
● At least twenty percent (20%) in the case of local government units with a voting
population of at least twenty thousand (20,000) but not more than seventy-five
thousand (75,000): Provided, That in no case shall the required petitioners be less
than five thousand (5,000);
● At least fifteen percent (15%) in the case of local government units with a
voting population of at least seventy-five thousand (75,000) but not more than
three hundred thousand (300,000): Provided, however, That in no case shall
the required number of petitioners be less than fifteen thousand (15,000); and
● At least ten percent (10%) in the case of local government units with a voting
population of over three hundred thousand (300,000): Provided, however, That
in no case shall the required petitioners be less than forty-five thousand
(45,000).
(B) The process of recall shall be effected in accordance with the following procedure:

(1) A written petition for recall duly signed by the representatives of the petitioners
before the election registrar or his representative, shall be filed with the Comelec
through its office in the local government unit concerned.

(2) The petition to recall shall contain the following:

(a) The names and addresses of the petitioners written in legible form and their
signatures;

(b) The barangay, city or municipality, local legislative district and the province to
which the petitioners belong;

(c) The name of the official sought to be recalled; and

(d) A brief narration of the reasons and justifications therefore.

(1) The Comelec shall, within fifteen (15) days from the filing of the petition, certify to
the sufficiency of the required number of signatures. Failure to obtain the required
number of signatures automatically nullifies the petition;

(2) If the petition is found to be sufficient in form, the Comelec or its duly authorized
representative shall, within three (3) days from the issuance of the certification,
provide the official sought to be recalled a copy of the petition, cause its publication
in a national newspaper of general circulation and a newspaper of general
circulation in the locality, once a week for three (3) consecutive weeks at the
expense of the petitioners and at the same time post copies thereof in public and
conspicuous places for a period of not less than ten (10) days nor more than twenty
(20) days, for the purpose of allowing interested parties to examine and verify the
validity of the petition and the authenticity of the signatures contained therein.
(3) The Comelec or its duly authorized representatives shall, upon issuance of
certification, proceed independently with the verification and authentication of the
signatures of the petitioners and registered voters contained therein.
Representatives of the petitioners and the official sought to be recalled shall be duly
notified and shall have the right to participate therein as mere observers. The filing
of any challenge or protest shall be allowed within the period provided in the
immediately preceding paragraph and shall be ruled upon with finality within fifteen
(15) days from the date of filing of such protest or challenge;

(4) Upon the lapse of the aforesaid period, the Comelec or its duly authorized
representative shall announce the acceptance of candidates to the position and
thereafter prepare the list of candidates which shall include the name of the official
sought to be recalled.
SECTION 71. Election on Recall. – Upon the filing of a valid petition for recall with
the appropriate local office of the Comelec, the Comelec or its duly authorized
representative shall set the date of the election or recall, which shall not be later
than thirty (30) days upon the completion of the procedure outlined in the preceding
article, in the case of the barangay, city or municipal officials, and forty-five (45)
days in the case of provincial officials. The officials sought to be recalled shall
automatically be considered as duly registered candidate or candidates to the
pertinent positions and, like other candidates, shall be entitled to be voted upon.
SECTION 72. Effectivity of Recall. - The recall of an elective local official shall be
effective only upon the election and proclamation of a successor in the person of
the candidate receiving the highest number of votes cast during the election on
recall. Should the official sought to be recalled receive the highest number of votes,
confidence in him is thereby affirmed, and he shall continue in office.
ABOLITION OF OFFICE

GR: The power to create includes the power to destroy

XPN: When the office was created by the Constitution itself.

Abolition if office must be made in good faith, with the clear intent to do away with the office, not for
personal or political reasons, and cannot be implemented in a matter contrary to law. Valid abolition of
office does not constitute removal of the incumbent.

REQUISITES OF VALID ABOLITION

Must be done in good faith

Not for personal or political reasons, or in order to circumvent the incumbent’s security of tenure

Not implemented in violation of law

PROHIBITED ABOLITION

➢ Constitutional offices cannot be abolished by Congress

➢ No law shall be passed reorganizing the Judiciary when it
undermines the security of tenure of its members.
REORGANIZATION

❏ It involves the reduction of personnel, consolidation of offices, or abolition thereof by

reason of economy or redundancy of functions. It could result in the loss of one’s
position through removal or abolition of an office. However, for a reorganization for
the purpose of economy or to make the bureaucracy more efficient to be valid, it
must pass the test of good faith; otherwise, it is void ab initio
❏ PURPOSE: Process of restructuring the bureaucracy’s organizational and functional
set-up, to make it more viable in terms of economy, efficiency, effectiveness and make
it more responsive to the needs of its public clientele as authorized by law.
❏ In event of reorganization, no dismissal or separation actually occurs because the
position itself ceases to exist
❏ The President may reorganize administrative agencies under the executive
department by exercising his power and control through an Executive Order
Instances that may be considered as evidence of Bad Faith in the removal from office of a
Government officer or employee pursuant to a reorganization:

❏ Significant increase in the number of positions in the new staffing pattern of the
department or agency concerned.
❏ Where an office is abolished and other performing substantially the same
functions is created
❏ Where incumbents are replaced by those less qualified in terms of status of
appointment, performance and merit
❏ Where there is reclassification of offices in the department or agency
concerned and the reclassified offices perform substantially the same function
as the original offices
❏ Where the removal violates the order of separation provided in Section 3 of RA
6656. “In the separation of personnel pursuant to reorganization, the following
order of removal shall be followed:

➢ Casual employees with less than five years of government service

➢ Casual employees with five years or more of government service
➢ Employees holding temporary appointments
➢ Employees holding permanent appointments
➢ Provided, that those in the same category as enumerated above, who are least qualified in
terms of performance and merit shall be laid first, length of service notwithstanding
DEATH

❏ It terminates the right to the office as it terminates everything else. Whether

the office will be immobilized as a result will depend on the nature of the office
and provisions for automatic succession

GR: A public officer’s death or other permanent disability creates vacancy in the
office, so that the successor is entitled to hold full term

XPN: Cases where the clear intention is to have vacancies appointments at regular
intervals.
THE END! THANK YOU!