This case has been cited 2 times or more.
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2013-04-16 |
SERENO, J. |
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| Petitioner undisputedly lacked CES eligibility. Thus, he did not hold the position of AGMO in a permanent capacity or acquire security of tenure in that position. Otherwise stated, his appointment was temporary and "co- terminus with the appointing authority."[39] In Carillo v. CA,[40] this Court ruled that "one who holds a temporary appointment has no fixed tenure of office; his employment can be terminated at the pleasure of the appointing power, there being no need to show that the termination is for cause." Therefore, we find no violation of security of tenure when petitioner was replaced by respondent upon the latter's appointment to the position of AGMO by President Aquino. | |||||
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2013-03-05 |
VILLARAMA, JR., J. |
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| It is established that no officer or employee in the Civil Service shall be removed or suspended except for cause provided by law. However, this admits of exceptions for it is likewise settled that the right to security of tenure is not available to those employees whose appointments are contractual and coterminous in nature.[34] Since the position of General Manager of a water district remains a primarily confidential position whose term still expires upon loss of trust and confidence by the BOD provided that prior notice and due hearing are observed, it cannot therefore be said that the phrase "shall not be removed except for cause and after due process" converted such position into a permanent appointment. Significantly, loss of confidence may be predicated on other causes for removal provided in the civil service rules and other existing laws. | |||||