Honasan ii vpanelofinvestigatorsofthedoj2004 in any

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Unformatted text preview: y pardon restore the public office to the officer convicted? A: No. Although a plenary pardon extinguishes the accessory penalty of disqualification, she is not entitled to an automatic reinstatement on the ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 135 UST GOLDEN NOTES 2011 basis of the absolute pardon granted to her but must secure an appointment to her former position and that, notwithstanding said absolute pardon, she is liable for the civil liability concomitant to her previous conviction. (Monsanto v. Factoran, Jr. G.R. No. 78239 February 9, 1989) k. THE CIVIL SERVICE Q: What is the scope of civil service? A: The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the government including GOCCs with original charters. Q: How are appointments to civil service made? A: 1. Competitive positions – according to merit and fitness to be determined by competitive examinations, as far as practicable. 2. Non‐competitive positions – no need for competitive examinations. It has 3 kinds: a. Policy‐determining – tasked to formulate a method of action for the government or any of its subdivisions. b. Primarily confidential – duties are not merely clerical but devolve upon the head of an office, which, by reason of his numerous duties, delegates his duties to others, the performance of which requires skill, judgment, trust and confidence. c. Highly technical – requires technical skill or training in the highest degree Note: The test to determine whether the position is non‐competitive is the nature of the responsibilities, not the description given to it. The Constitution does not exempt the above‐given positions from the operation of the princi...
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