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?
- Every tenured officer must remain regardless of misconduct
- Due process itself prohibits discipline
- Security of tenure protects against unlawful removal but does not defeat the stipulated lawful discipline
- Only the officer may determine whether the penalty is lawful
- 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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