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CIVIL SERVICE COMMISSION v. GREGORIO MAGNAYE

This case has been cited 3 times or more.

2012-01-30
REYES, J.
It is established that no officer or employee in the Civil Service shall be removed or suspended except for cause provided by law.[34] 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 co-terminous in nature.[35]
2011-05-31
VILLARAMA, JR., J.
Back wages represent the compensation that should have been earned but were not collected because of the unjust dismissal.[50]  This includes other monetary benefits[51] attached to the employee's salary following the principle that an illegally dismissed government employee who is later reinstated is entitled to all the rights and privileges that accrue to him by virtue of the office he held.
2010-10-13
MENDOZA, J.
Respondent was constructively dismissed and, therefore, illegally dismissed. Although respondent was a probationary employee, he was still entitled to security of tenure.  Section 3 (2) Article 13 of the Constitution guarantees the right of all workers to security of tenure.  In using the expression "all workers," the Constitution puts no distinction between a probationary and a permanent or regular employee. This means that probationary employees cannot be dismissed except for cause or for failure to qualify as regular employees.[28]