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Philippine Bar review · Question

Practice question: Disciplinary Power (Suspension and Removal)

Multiple Choice Medium Jurisprudence

Practice question

A permanent career employee receives a removal order stating a statutory charge but is never given a meaningful opportunity to answer it. The President is assumed to be the competent disciplining authority. Officials say naming a legal ground alone satisfies Section 46(a). Which is correct?
  1. A named charge always replaces due process.
  2. Section 46(a) requires both legal cause and due process, so identifying a charge alone is insufficient.
  3. No charge may ever be investigated.
  4. A political endorsement replaces the opportunity to answer.
  5. Competent authority can always ignore procedure.

Legal references

  • 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
  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article IX-B, Section 2(3).

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