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Philippine Bar review · Question

Practice question: Rights of Public Officers

Multiple Choice Medium Jurisprudence

Practice question

A permanent career officer faces removal for an established statutory disciplinary cause. The competent authority observes due process and imposes a legally authorized penalty. The officer claims tenure makes removal impossible under any circumstances. What is the proper answer?
  1. Every tenured officer must remain regardless of misconduct
  2. Due process itself prohibits discipline
  3. Security of tenure protects against unlawful removal but does not defeat the stipulated lawful discipline
  4. Only the officer may determine whether the penalty is lawful
  5. Tenure converts public office into private ownership

Legal references

  • 1987 Constitution, Article IX-B, Sections 2 and 8, civil-service rights and compensation: 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): https://lawphil.net/executive/execord/eo1987/eo_292_1987.html

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