CSC v Salas; GR No. 123708; 19 Jun 1997; 274 SCRA 414

FACTS:
On 07 Oct 1989, respondent Salas was appointed by the PAGCOR chairman as internal security staff member and assigned to the casino at the Manila Pavilion Hotel. His employment was terminated by the Board of Directors of PAGCOR on 03 Dec 1991, allegedly for loss of confidence.

ISSUE(S):
Whether or not Salas is a confidential employee.

HELD:
NO. It is the nature of the position which finally determines whether a position is primarily confidential, policy-determining or highly technical. The occupant of a particular position could be considered a confidential employee if the predominant reason why he was chosen by the appointing authority was the latter’s belief that he can share a close relationship with the occupant. Where the position occupied is remote from that of the appointing authority, the element of trust between them is no longer predominant.

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Category: Legal Chyme

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