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CIVIL SERVICE COMMISSION v. NITA P. JAVIER

This case has been cited 2 times or more.

2013-07-23
BRION, J.
Gonzales appealed Governor Pimentel's decision to the Civil Service Commission (CSC). The CSC issued Resolution No. 001418[6] modifying Governor Pimentel's decision, finding Gonzales guilty of insubordination and suspending her for six months. This decision was appealed by Governor Pimentel, which the CSC denied in its Resolution No. 001952.[7]
2013-03-05
VILLARAMA, JR., J.
From the above case the "proximity rule" was derived.  A position is considered to be primarily confidential when there is a primarily close intimacy between the appointing authority and the appointee, which ensures the highest degree of trust and unfettered communication and discussion on the most confidential of matters.[20]  Moreover, in classifying a position as primarily confidential, its functions must not be routinary, ordinary and day to day in character.  A position is not necessarily confidential though the one in office may sometimes hold confidential matters or documents.[21]