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Philippine Bar review · Question

Practice question: Disciplinary Power (Suspension and Removal)

Essay Medium Jurisprudence

Practice question

A disciplinary authority gives a permanent career employee a full hearing but expressly concedes that no legal cause for removal exists. It dismisses the employee solely to choose a preferred replacement. Explain why procedural fairness alone is insufficient.

Legal references

  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article IX-B, Section 2(3).
  • Executive Order No. 292, Administrative Code of 1987, Book V, Title I, Subtitle A, Chapter 7, Section 46: https://lawphil.net/executive/execord/eo1987/eo_292_1987.html

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