Office of the Pres v Buenaobra; GR No. 170021; 08 Sep 2006

in Legal Chyme by

The Office of the Ombudsman’s Special Prosecution Officer filed an information against Nita Buenaobra, chairman of the Komisyon sa Wikang Pilipino, with the Sandiganbayan for violation of Section 4(e) of R.A. No. 3019 for allegedly causing undue injury to the government through gross inexcusable negligence in connection with the unauthorized reprinting of the Diksyunaryo ng Wikang Pilipino. The Sandiganbayan ordered a reinvestigation while the Presidential Anti-Graft Commission (PAGC) conducted a parallel administrative investigation against respondent charging her with the same acts and ommissions subject of the Sandiganbayan case. On 11 Apr 2003, petitioner adopted PAGC’s recommendation and dismissed respondent from office.

Whether or not respondent being a presidential appointee and a holder of a non-career service postion could be removed from service at the pleasure of the President.

NO. Non-career service personnel enjoy security of tenure. They may not be removed without just cause and observance of due process.

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