Practice question
An employee receives complete notice and a hearing, but the final decision expressly states that no legally recognized cause exists and dismisses her solely because a replacement is preferred. Assume a permanent career post. Does a hearing alone cure the absence of cause?
- Yes, any hearing permits arbitrary removal.
- Yes, if the replacement is popular.
- No; procedural opportunity does not replace the independent requirement of lawful cause.
- Yes, because permanent means removable at personal preference.
- No, because hearings are forbidden in civil service.
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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