This case has been cited 2 times or more.
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2007-04-27 |
CALLEJO, SR., J. |
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| Sometime in 1987, the Board of Directors of Tanjay Water District (TWD Board) composed of Carmelito A. Limbaga, Nenita R. Pilas, Adelina Q. Limbaga, Godofredo R. Borromeo, and Richard Regalado appointed respondent Engineer Cesar A. Quinit, Jr. as the water district's General Manager effective November 18, 1987[2] subject to the terms and conditions of the Appointment Proposal.[3] On October 1, 1993, the TWD Board appointed respondent as General Manager, which appointment was attested by the Civil Service Commission (CSC) as permanent.[4] At the time, Section 23 of Presidential Decree (P.D.) No. 194, as amended by Section 9 of PD No. 768, provided that "the General Manager of the local water districts shall serve at the pleasure of the Board of Directors of such local water districts."[5] | |||||
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2005-03-18 |
AZCUNA, J. |
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| In the aforecited Baybay Water District, a similar contention was resolved, thus: . . . The erroneous application and enforcement of the law by public officers does not estop the Government from making a subsequent correction of such errors. More specifically, where there is an express provision of law prohibiting the grant of certain benefits, the law must be enforced even if it prejudices certain parties due to an error committed by public officials in granting the benefit. As already stated, P.D. No. 198 expressly prohibits the grant of compensation other than the payment of per diems, as determined by the LWUA pursuant to P.D. No. 198, to directors of water districts. Practice, without more, no matter how long continued, cannot give rise to any vested right if it is contrary to law.[14] This Court is aware, however, that on April 2, 2004, R.A. No. 9286[15] amended Section 13 of P.D. No. 198, as amended, thus: Sec. 13. Compensation. Each director shall receive per diem to be determined by the Board, for each meeting of the Board actually attended by him, but no director shall receive per diems in any given month in excess of the equivalent of the total per diem of four meetings in any given month. | |||||