Practice question
An agency announces that a permanent career position is abolished. It immediately creates a differently named post with substantially identical functions and installs a less-qualified favored newcomer. The record establishes that the purpose was to remove the incumbent rather than meet a genuine service need. Officials say the word abolition conclusively validates separation. Which assessment is best?
- The word alone conclusively defeats tenure.
- No public office may ever be lawfully abolished.
- Any new title automatically establishes good faith.
- The facts support a sham reorganization and statutory bad-faith indicators; the label alone does not justify removal.
- The newcomer determines whether the Constitution applies.
Legal references
- 1987 Constitution, Article IX-B, section 2(3), https://lawphil.net/consti/cons1987.html
- Republic Act No. 6656, sections 1–2, https://lawphil.net/statutes/repacts/ra1988/ra_6656_1988.html
Answer this question in flashcards to review your response and continue practicing.