Practice question
Within the same Section 3 category, a longer-serving employee is established as least qualified in performance and merit compared with a shorter-serving employee. The former claims service length must control regardless. Which answer follows the proviso?
- Length alone always overrides the express proviso.
- The statute directs least-qualified performance-and-merit separation first within the category, length of service notwithstanding.
- The supervisor may ignore all evidence and select a relative.
- The two employees must be dismissed by coin toss.
- No comparison is permitted by the statute.
Legal references
- Republic Act No. 6656, Sections 2-4: https://lawphil.net/statutes/repacts/ra1988/ra_6656_1988.html
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