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D. Right to Preference in Promotion General Rule: A public officer is not liable for
But the right does not prevail over the injuries sustained by another as a consequence
discretion of the appointing authority of official acts done within the scope of his
official authority.
E. Right to Vacation and Sick Leave
However, in Maleniza v COA, it was held Exception: As otherwise provided by law:
that elective officials are not entitled to
accrued vacation and sick leave credits
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1. A public officer shall not be civilly The wrongful acts or omissions of a public
liable for acts done in the officer may give rise to civil, criminal and
performance of his official duties, administrative liability. An action can proceed
unless there is a clear showing of independently of the others. Dismissal or relief
bad faith, malice or negligence from the criminal action/liability does not carry
(Sec. 38(1) Admin Code) with it relief from administrative liability