Practice question
The President appointed Mara to a permanent career executive position. The President is stipulated to be the competent disciplining authority. Mara is dismissed solely to make room for a political supporter; no legal cause is alleged and no opportunity to answer is afforded. Which conclusion is correct?
- The dismissal is valid because appointment necessarily permits removal for any reason
- The dismissal is valid because career status applies only to employees appointed by department heads
- The dismissal is valid if a replacement is qualified
- The dismissal is valid because a change of administration cancels all career appointments
- The dismissal violates the stated protections of legal cause and due process
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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