Does ex-CJ Lourdes Sereno needs to return the salaries and bonuses after SC decided to remove her as Chief Justice? This pro-Duterte lawyer thinks so.
However, there is a catch.
As to salaries and emoluments given, lawyer Bruce Rivera said there must be a distinction.
“If the de facto office was occupied in good faith, she is entitled to keep her salary and benefits already received. However, if she occupied the same in bad faith, she has to reimburse the government for all she has received,” Rivera explained.
Check out the full post of Atty. Rivera below for your reference.
IMPLICATIONS OF BEING A DE FACTO OFFICER
One of the effects of the ruling in Calida vs. Sereno is that the SC ruled that Sereno is a de-facto officer.
Ano yun? A de-facto officer is a public officer who occupied an office as a fact but is in fact ineligible or failed to qualify. A de-jure officer is one who occupies a public office in accordance with law. As such, a de-facto officer upon declaration of the fact would be as if he or she never occupied the office at all.
Ano ang epekto nito sa mga rulinga ni Sereno before siya napaalis? According to Monroy vs. CA, acts of a de-facto officer done during the tenure or actual stay in such office will be recognized as valid.
As to salaries and emoluments given, there must be a distinction. If the de facto office was occupied in good faith, she is entitled to keep her salary and benefits already received. However, if she occupied the same in bad faith, she has to reimburse the government for all she has received.
For your information.
Can Sereno claim she did accept the appointment as SC Chief Justice in good faith and keep her money?
Atty. Rivera says it’s possible. “Pero there is big chance na pwede in good faith siya kasi she really thought she qualified kaya akala niya CJ siya.”
However, netizen Julius Mendoza said he would rather argue that Sereno did it in bad faith. “I would argue on the side of bad faith. The fact that she knew she did not submit her SALN which is a requirement for her application to the CJ post is bad faith in my analysis.”