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SEVERINO UNABIA v. CITY MAYOR

This case has been cited 1 times or more.

2005-10-11
CALLEJO, SR., J.
If an employee was illegally dismissed, he may, by his inaction or by sleeping on his right, in law, be considered as having abandoned the office to which he was entitled to be reinstated. A person illegally dismissed from the office is not thereby exonerated from the obligation to take steps for his own protection and may not, for an unreasonable length of time, acquiesce to the order of removal and then seek for his reinstatement. In case of unreasonable delay, he may be held to have abandoned title to the office and any right to recover its emoluments.[42] There must be stability in the service so that public positions may not be unduly retarded; delays in the enforcement of a right to positions in the service must be discouraged.