This case has been cited 1 times or more.
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2005-01-21 |
CARPIO, J. |
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| Section 2(3), Article IX-B of the Constitution provides that "[n]o officer or employee of the civil service shall be removed or suspended except for cause provided by law." Respondents also invoke RA No. 6656 as construed in Floreza v. Ongpin,[31] which declared:We apply the ruling in Dario v. Mison and Section 2 of Republic Act 6656 to this petition. We hold that Floreza was deprived of his right to security of tenure by his non-reappointment to the position of Revenue Service Chief or its new title under the reorganized Bureau of Internal Revenue. It should be remembered that after February 2, 1987, any reorganization undertaken by the government is circumscribed by the provisions and safeguards of the new Constitution. Hence, when Floreza was not reappointed as Revenue Service Chief or as Assistant Commissioner either in the Legal Service or in the Planning and Research Service, and other persons were appointed to the positions, he was, in effect, dismissed from the service in violation not only of his right to security of tenure but to due process as well. | |||||