This case has been cited 3 times or more.
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2012-01-30 |
REYES, J. |
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| Section 2(b), Article IX-G of the 1987 Constitution and Jocom v. Regalado[25] are likewise cited to stress that government employees, holding both career and non-career service positions, are entitled to protection from arbitrary removal or suspension. In the case of Ong, who started his employment in 1978 and rose from the ranks, it is allegedly improper for the CA to impliedly infer that the President acted in bad faith by converting his supposed promotional appointment to one removable at the pleasure of the appointing authority. | |||||
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2010-04-23 |
MENDOZA, J. |
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| The constitutional and statutory guarantee of security of tenure is extended to both those in the career and non-career service positions, and the cause under which an employee may be removed or suspended must naturally have some relation to the character or fitness of the officer or employee, for the discharge of the functions of his office, or expiration of the project for which the employment was extended. [9] Further, well-entrenched is the rule on security of tenure that such an appointment is issued and the moment the appointee assumes a position in the civil service under a completed appointment, he acquires a legal, not merely equitable right (to the position), which is protected not only by statute, but also by the Constitution [Article IX-B, Section 2, paragraph (3)] and cannot be taken away from him either by revocation of the appointment, or by removal, except for cause, and with previous notice and hearing.[10] | |||||
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2006-09-08 |
YNARES-SANTIAGO, J. |
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| We have consistently ruled that non-career service personnel enjoy security of tenure. They may not be removed without just cause and non-observance of due process. Thus, in Jocom v. Regalado,[15] we held:Regardless of the classification of the position held by a government employee covered by civil service rules, be it a career or non-career position, such employee may not be removed without just cause. An employee who belongs to the non-career service is protected from removal or suspension without just cause and non-observance of due process. | |||||