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Philippine Bar review · Question

Practice question: Disciplinary Power (Suspension and Removal)

Multiple Choice Easy Jurisprudence

Practice question

For a permanent career civil-service employee, which requirement governs disciplinary suspension or dismissal under Section 46(a) of the Administrative Code?
  1. Political disagreement with the incumbent administration is always enough
  2. A superior's personal displeasure automatically suffices
  3. No legal cause is needed if salary is withheld
  4. There must be cause provided by law and due process
  5. Presidential appointment eliminates all tenure protection

Legal references

  • 1987 Constitution, Article IX-B, Section 2(3), civil-service protection against suspension or removal without legal cause: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
  • Executive Order No. 292, Administrative Code of 1987, Book V, Title I, Subtitle A, Chapter 7, Section 46(a), legal cause and due process: https://lawphil.net/executive/execord/eo1987/eo_292_1987.html

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