However the sc ruled in a previous case that x was

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Unformatted text preview: as to give his subordinates the opportunity for default; 4. He directed, cooperated, or authorized the wrongful act; 5. The law expressly makes him liable. (Sec.38‐39, Chap. 9, Book I, E.O. No. 292, Administrative Code of 1987) Q: What are the grounds for the discipline of public officers? A: 1. Dishonesty 2. Oppression 3. Neglect of duty 4. Misconduct 5. Disgraceful and immoral conduct 6. Discourtesy in the course of official duties 7. Inefficiency and incompetence in the performance of official duties 8. Conviction of a crime involving moral turpitude 9. Being notoriously undesirable 10. Falsification of official documents 11. Habitual drunkenness 12. Gambling 13. Refusal to perform official duty or render overtime service 14. Physical or mental incapacity due to immoral or vicious habits 15. Willful refusal to pay just debts or willful failure to pay taxes Q: What is the concept of security of tenure? A: It means that no officer or employee in the civil service shall be suspended or dismissed except for a cause provided by law and after due process or after he shall have been given the opportunity to defend himself. Note: Once an appointment is issued and completed and the appointee assumes the position, he acquires a legal right, not merely an equitable right to the position. (Lumigued v. Exevea, G.R. No. 117565, Nov. 18, 1997) 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 127 UST GOLDEN NOTES 2011 Regardless of the characterization of the position held by a government employee covered by civil service rules, be it career or non career position, such employee may not be removed without just cause (Jocom v. Regalado, G.R. No. 77373,Aug. 22, 1991). Acceptance of a temporary appointment or assignment without reservation or upon one’s own volition is deem...
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This document was uploaded on 03/12/2014.

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