Question

1. Preventive Suspension and Dismissal from Service

Situation:

Mr. Juan Dela Cruz has been working as a government employee for 10 years. He is currently holding a position in a government agency known for its strict code of conduct. Recently, Mr. Dela Cruz was accused of engaging in fraudulent activities, which caused significant financial losses to the government agency.

The agency's management decided to implement preventive suspension pending the investigation of the allegations. Mr. Dela Cruz has been placed on a 90-day preventive suspension without pay. During the suspension period, he was given a Notice of Charges and was required to submit a written explanation to refute the allegations.

After a thorough investigation, it was found that Mr. Dela Cruz indeed committed the fraudulent activities as accused. Based on this finding, the agency is contemplating his dismissal from service.

Question:

1. Discuss the concept of preventive suspension in the civil service. What are the legal grounds and procedures for imposing preventive suspension? (10%)
2. Can Mr. Dela Cruz be dismissed from service based on the findings of the investigation? Explain the legal grounds and procedures for dismissal from service in the civil service. (10%)