All ▸ Bar 2024 ▸ POLITICAL AND PUBLIC INTERNATIONAL LAW ▸ VIII. LAW ON PUBLIC OFFICERS ▸ B. Civil Service, Scope, Appointments, Personnel Actions, and Removal ▸ 1. Preventive Suspension and Dismissal from Service

Question

B. Civil Service, Scope, Appointments, Personnel Actions, and Removal: Preventive Suspension and Dismissal from Service

Situation:

Juan Dela Cruz, a government employee, was involved in a highly publicized corruption scandal. The Office of the Ombudsman conducted an investigation and found sufficient evidence to support the allegations against him. The investigating officer recommended that Juan be subjected to preventive suspension pending the resolution of the case. The head of the agency, upon receiving the recommendation, issued an order placing Juan under preventive suspension for a period of 90 days.

Subsequently, the Office of the Ombudsman rendered a decision finding Juan guilty of the charges and ordering his dismissal from service. The decision was immediately executory pending appeal.

Please answer the following:

Discuss the legal basis and purpose of preventive suspension in the civil service. (5 points)
Is the preventive suspension imposed on Juan valid? Explain your answer. (5 points)
Can Juan appeal the decision of dismissal? If yes, what is the proper course of action and where should such appeal be filed? (5 points)
In case Juan decides to file an appeal, discuss the effect of the appeal on the decision of dismissal and the status of Juan's employment during the pendency of the appeal. (5 points)

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