PAGCOR v Rilloraza; GR No. 141141; 25 Jun 2001; 359 SCRA 525

FACTS:
On 05 Nov 1997, administrative charges for dishonesty, grave misconduct, conduct prejudicial to the best interest of the service, and loss of confidence were brought against Carlos Rilloraza, a casino operations manager of petitioner PAGCOR. On 02 Dec 1997, the PAGCOR Board issued a resolution dismissing respondent.

ISSUE(S):
Whether or not all PAGCOR employees are confidential employees.

HELD:
NO. The classification of a particular position as primarily confidential, policy-determining or highly technical amounts to no more than an executive or legislative declaration that is not conclusive upon the courts, the true test being the nature of the position. The exemption provided in the charter pertains to exemption from competitive examination to determine merit and fitness to enter the civil service. Such employees are still protected by the mantle of security of tenure.

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Category: Legal Chyme

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