Practice question
A local chief executive dismisses a protected permanent career employee solely to appoint a favored newcomer. He claims his personnel authority under section 77 includes power to dispense with every constitutional cause requirement and civil-service safeguard. No lawful removal cause or applicable exception exists. Which assessment is correct?
- Local appointment power necessarily abolishes tenure.
- His personnel authority remains subject to the Constitution, pertinent laws, and applicable civil-service rules; the stipulated preference does not supply lawful cause.
- A local memorandum has higher rank than the Constitution.
- The newcomer may waive the incumbent's rights.
- The incumbent must join the executive's party to retain protection.
Legal references
- Republic Act No. 7160, sections 77–78 and 82, https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html
- 1987 Constitution, Article IX-B, section 2(3), https://lawphil.net/consti/cons1987.html
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