This case has been cited 2 times or more.
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2007-10-04 |
AUSTRIA-MARTINEZ, J. |
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| Indeed, once an appointment is issued and the appointee assumes a position in the civil service under a completed appointment, he acquires a legal, not merely an equitable, right to the position which is protected not only by statute, but also by the constitution, and cannot be taken away from him either by revocation of the appointment or by removal, except for cause, and with previous notice and hearing.[8] | |||||
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2006-08-07 |
TINGA, J. |
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| de facto officer, not having a good title, takes the salaries at his risk and must, therefore, account to the de jure officer for whatever salary he received during the period of his wrongful tenure.[47] In the instant case, respondent should account to petitioner for the salaries she received from the time the disapproval of petitioner's promotion became final, up to the time when petitioner was declared on AWOL and dropped from the rolls. However, respondent may be allowed to keep the emoluments she received during said period, there being no de jure officer at the time,[48] following our ruling in Civil Liberties Union v. Executive Secretary,[49] to wit:[I]n cases where there is no de jure officer, a de facto officer who, in good faith, has had possession of the office and has discharged the duties pertaining thereto, is legally entitled to the emoluments of the office, and may in an appropriate action recover the salary, fees and other compensations attached to the office.[50] | |||||