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June 1, 2022

Supreme Court Decisions


What is the basis of liability of public officials who allowed the illegal expenditure of public funds?


 

The liability of public officials who allowed the illegal expenditure or disbursement stems from the general principle that public officers are stewards who must use government resources efficiently, effectively, honestly and economically to avoid the wastage of public funds.

 

 

Fernando vs. Commission on Audit En Banc, G.R. No. 214910, February 13, 2018 [855 SCRA 273]

 

 

 

 

 


What are the entitlements of an employee who was unjustly dismissed from work?


 

  • Reinstatement without loss of seniority rights and other privileges
  • Full backwages, inclusive of allowances
  • Other benefits or its monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement

 

 

Diwa Asia Publishing, Inc., vs. De Leon G.R. No. 203587 August 13, 2018 , [877 SCRA 96]

 

 

 

 

 

 


What happens if reinstatement is no longer possible due to strained relations?


 

If reinstatement proves to be impossible due to the strained relations between the parties, the illegally dismissed employee is entitled instead to separation pay.

 

 

 

Hubilla vs. HSY Marketing, Ltd., Co, G.R. No. 207354, January 10, 2018, [850 SCRA 372]

 

 

 

 

 


What happens if reinstatement is no longer possible due to old age?


 

Considering that the employee’s reinstatement is no longer feasible, he should be granted separation pay.

 

 

 

Laya, Jr., vs Philippine Veterans Bank, G.R. No. 205813, January 10, 2018, [850 SCRA 315]

 

 

 

 

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