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All ▸ Bar 2024 ▸ POLITICAL AND PUBLIC INTERNATIONAL LAW ▸ VIII. LAW ON PUBLIC OFFICERS ▸ B. Civil Service, Scope, Appointments, Personnel Actions, and Removal ▸ 2. Illegal Dismissal, Reinstatement, and Back Salaries

Question

B. Civil Service, Scope, Appointments, Personnel Actions, and Removal:

Illegal Dismissal, Reinstatement, and Back Salaries

You are the legal counsel of an employee who was dismissed from government service without just cause. After several months of legal proceedings, the court declared the dismissal as illegal and ordered the reinstatement of your client. However, the government agency refuses to comply with the court's order and refuses to reinstate your client. Your client is seeking your advice on what legal actions can be taken to enforce the court's decision and claim the corresponding back salaries. In relation to this, answer the following:

  1. What legal remedies can your client avail to enforce the court's order of reinstatement?
  2. What factors should be considered in the computation of your client's back salaries?
  3. Are back salaries subject to taxes? Discuss the tax implications, if any.


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Bar Review Question: B. Civil Service, Scope, Appointments, Personnel Actions, and Removal: Illegal Dismissal, Reinstat