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To permit the lawmakingbodybyspeciallaw

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Unformatted text preview: e of the disqualifications.(Debulgado v. CSC, G.R. No. 111471 Sept. 26, 1994) 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 211 UST GOLDEN NOTES 2011 Q: What are the grounds for recall of appointment? A: 1. Non‐compliance with procedure or criteria provided in the agency’s merit promotion plan; 2. Failure to pass through agency’s selection/promotion board; 3. Violation of existing collective agreement between management and employees relative to promotion; 4. Violation of other existing civil service law rules and regulations. (Maniebo v. CA, G.R. No. 158708, August 10, 2010) Q: Does the Governor have the authority to terminate or cancel appointments of casual/ job order employees of the Sangguniang Panlalawigan Members and Office of the Vice‐ Governor? A: No. While the Governor has the authority to appoint officials and employees whose salaries are paid out of the provincial funds, this does not extend to the officials and employees of the Sangguniang Panlalawigan because such authority is lodged with the Vice‐Governor. In the same manner, the authority to appoint casual and job order employees of the Sangguniang Panlalawigan belongs to the Vice‐Governor. This authority is anchored on the fact that the salaries of these employees are derived from the appropriation specifically allotted for the said local legislative body (Atienza v. Villarosa, G.R. No. 161081, May 10, 2005) Q: Does the constitutional prohibition on midnight appointments apply to LGUs? A: No. The prohibition applies only to presidential appointments. They do not apply to LGUs, as long as the appointments meet all the requisites of a valid appointment. Once an appointment has been made and accepted, the appo...
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