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Philippine Bar review · Question

Practice question: Disciplinary Power (Suspension and Removal)

Multiple Choice Medium Jurisprudence

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?
  1. Yes, any hearing permits arbitrary removal.
  2. Yes, if the replacement is popular.
  3. No; procedural opportunity does not replace the independent requirement of lawful cause.
  4. Yes, because permanent means removable at personal preference.
  5. 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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