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Philippine Bar review · Question

Practice question: Rights of Public Officers

Multiple Choice Hard Jurisprudence

Practice question

During an authorized agency reorganization, a permanent employee's office is nominally abolished but immediately replaced by another performing substantially the same functions. The employee is displaced in favor of a less qualified newcomer. Officials insist that the word reorganization conclusively defeats every tenure claim. Under RA 6656, which assessment is correct?
  1. The label conclusively proves good faith
  2. Any reorganization automatically cancels every permanent appointment
  3. Similarity of functions is legally irrelevant in every case
  4. The stated circumstances may evidence bad faith; the label does not eliminate statutory tenure protections
  5. A newcomer's political connections automatically establish superior merit

Legal references

  • Republic Act No. 6656, June 10, 1988, Sections 2 and 4, tenure protection in government reorganization: https://lawphil.net/statutes/repacts/ra1988/ra_6656_1988.html
  • 1987 Constitution, Article IX-B, Sections 2 and 8, civil-service rights and compensation: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353

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