This case has been cited 2 times or more.
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2005-12-15 |
YNARES-SANTIAGO, J. |
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| Section 2(3), Article IX-B of the Constitution provides that "no officer or employee of the civil service shall be removed or suspended except for cause provided by law." The Administrative Code of 1987 and the Civil Service Law echo this constitutional edict of security of tenure of the employees in the civil service. The guarantee of security of tenure is an important cornerstone of the civil service system because it secures for a faithful employee permanence of employment, at least for the period prescribed by law, and frees the employee from the fear of political and personal reprisals.[18] | |||||
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2003-09-29 |
CALLEJO, SR., J. |
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| ... [P]romotion, as we defined in Millares v, Subido, is "the advancement from one position to another with an increase in duties and responsibilities as authorized by law, and usually accompanied by an increase in salary." Apparently, the indispensable element for there to be a promotion is that there must be an "advancement from one position to another" or an upward vertical movement of the employee's rank or position. Any increase in salary should only be considered incidental but never determinative of whether or not a promotion is bestowed upon an employee. This can be likened to the upgrading of salaries of government employees without conferring upon the, the concomitant elevation to the higher positions....[23] The admissions of the petitioner are conclusive on it. An employee cannot be promoted, even if merely as a result of a transfer, without his consent. A transfer that results in promotion or demotion, advancement or reduction or a transfer that aims to `lure the employee away from his permanent position cannot be done without the employees' consent.[24] | |||||