Philippine Bar review · Question

Practice question: Disciplinary Power (Suspension and Removal)

Multiple Choice Hard Jurisprudence

Practice question

An executive order suspends a permanent career employee as punishment solely for refusing a nonmandatory invitation to a partisan rally. The competent authority concedes that no statutory disciplinary offense or lawful cause exists, but argues that only dismissal, not punitive suspension, requires cause. Which answer is correct?
  1. Suspension is exempt from every tenure safeguard.
  2. The Constitution expressly protects against suspension without cause provided by law, so the stated distinction fails.
  3. The official may invent a statutory offense by calling the rally important.
  4. The employee automatically loses citizenship.
  5. Only the length of the rally determines legal cause.

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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