Removal or suspension of civil service officer, employee
It is established that no officer or employee in the Civil Service shall be
removed or suspended except for cause provided by law. 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
coterminous in nature.[1]
In Civil Service Commission (CSC) v. Pililla Water District,[2] since the position of General Manager of a water
district remains a primarily confidential position whose term still expires
upon loss of trust and confidence by the BOD provided that prior notice and
due hearing are observed, it cannot therefore be said that the phrase “shall
not be removed except for cause and after due process” converted such position
into a permanent appointment. Significantly, loss of confidence may be
predicated on other causes for removal provided in the civil service rules and
other existing laws.
In Civil Service Commission (CSC) v. Pililla Water District,[2] since the position of General Manager of a water
district remains a primarily confidential position whose term still expires
upon loss of trust and confidence by the BOD provided that prior notice and
due hearing are observed, it cannot therefore be said that the phrase “shall
not be removed except for cause and after due process” converted such position
into a permanent appointment. Significantly, loss of confidence may be
predicated on other causes for removal provided in the civil service rules and
other existing laws.In Tanjay Water District v. Quinit, Jr.,[3] the Supreme Court said:
Indeed, no officer or employee in the Civil Service shall be removed or suspended except for cause provided by law. The phrase “cause provided by law,” however, includes “loss of confidence.” It is an established rule that the tenure of those holding primarily confidential positions ends upon loss of confidence, because their term of office lasts only as long as confidence in them endures. Their termination can be justified on the ground of loss of confidence, in which case, their cessation from office involves no removal but the expiration of their term of office.
[1] Ong v. Office of the President, G.R. No. 184219, January 30, 2012, 664 SCRA 413, 425, citing De Tavera v. Philippine Tuberculosis Society, Inc., et al., 197 Phil. 919, 931 (1982) and Civil Service Commission v. Magnaye, Jr., G.R. No. 183337, April 23, 2010, 619 SCRA 347, 357.
[2] G.R. No. 190147, March 05, 2013.
[3] G.R. No. 160502, April 27, 2007, 522 SCRA 529, 545-546.