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Philippine Bar review · Question

Practice question: General Principles

Multiple Choice Hard

Practice question

An agency dismisses a covered career official without lawful cause or required process. It defends the action solely by saying 'public office is not private property.' The official invokes tenure and due-process protections but claims no inheritable ownership. Which analysis follows Leones?
  1. The statement about nonownership eliminates every tenure safeguard.
  2. Every official owns the office as transferable property.
  3. The official must buy the office to gain protection.
  4. The agency may dispense with governing law whenever it recites public trust.
  5. Absence of proprietary ownership does not authorize arbitrary removal contrary to tenure and due-process protections.

Legal references

  • Leones v. Corpuz, G.R. No. 204106, November 17, 2021, main decision: https://lawphil.net/judjuris/juri2021/nov2021/gr_204106_2021.html
  • 1987 Constitution, Article IX-B Section 2(3): https://lawphil.net/consti/cons1987.html

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