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Question Penalty of Dismissal

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6 years 1 month ago #1102 by Summer
Summer created the topic: Penalty of Dismissal
Under the 2017 uniform rules on administrative cases is it still applicable that penalty of dismissal by the commission is final and executory despite petition for review? The MR filed was already denied and the decision of dimissal stands. Shd the head of office now implement the decison? Thank you

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6 years 1 month ago #1131 by Action Officer 18
Action Officer 18 replied the topic: Penalty of Dismissal
The denial of the Commission Proper of the Motion for Reconsideration shall be final and executory if the said Resolution was not assailed in the Court of Appeals within the 15-day reglementary period

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6 years 6 days ago #1319 by john urian
john urian replied the topic: Penalty of Dismissal
Can a penalty of suspension or dismissal be issued or executed during election period?
Is it lawful? Is it not a prohibited act under the election code or other pertinent laws? thank you..

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6 years 2 days ago #1332 by Action Officer 18
Action Officer 18 replied the topic: Penalty of Dismissal
Please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of a complaint or appeal before it. This is so especially when there are material facts necessary to the judicious adjudication of the issue which are not fully represented or substantiated as in this case.

The Constitution provides that "[N]o officer or employee of the civil service shall be removed or suspended except for cause provided by law."

Please be guided in Section 261 of the Omnibus Election Code - Article XXII, to wit:

Sec. 261. Prohibited Acts. - The following shall be guilty of an election offense:

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l. Prohibition against dismissal of employees, laborers, or tenants. - No employee or laborer shall be dismissed, nor a tenant be ejected from his landholdings for refusing or failing to vote for any candidate of his employer or landowner. Any employee, laborer or tenant so dismissed or ejected shall be reinstated and the salary or wage of the employee or laborer, or the share of the harvest of the tenant, shall be restored to the aggrieved party upon application to the proper court.

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x. Suspension of elective provincial, city, municipal or barangay officer. - The provisions of law to the contrary notwithstanding during the election period, any public official who suspends, without prior approval of the Commission, any elective provincial, city, municipal or barangay officer, unless said suspension will be for purposes of applying the "Anti-Graft and Corrupt Practices Act" in relation to the suspension and removal of elective officials; in which case the provisions of this section shall be inapplicable.

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