Log In Create Account

Philippine Bar review · Question

Practice question: Executive Departments and Offices

Multiple Choice Hard

Practice question

A permanent career employee in a national executive bureau is dismissed without legally required cause or hearing. Officials defend the act solely by invoking presidential control and describe dismissal as a change of administrative policy. No applicable law authorizes dispensing with the employee's tenure safeguards. Which assessment is correct?
  1. Control automatically converts every career employee into an employee removable at will.
  2. A policy label eliminates all tenure rights.
  3. Control must be harmonized with security of tenure and lawful removal procedures; it does not alone justify the stipulated dismissal.
  4. Civil-service rights apply only outside the Executive.
  5. Every agency employee is constitutionally immune from removal even for lawful cause.

Legal references

  • 1987 Constitution, Article IX-B Section 2(3) and Article VII Section 17: https://lawphil.net/consti/cons1987.html
  • Ang-Angco v. Castillo, G.R. No. L-17169, November 30, 1963, main decision: https://lawphil.net/judjuris/juri1963/nov1963/gr_l-17169_1963.html

Answer this question in flashcards to review your response and continue practicing.