Beta

Flashcards Studio

Practice bar questions and get clear AI feedback on every answer.

Study Settings View Stats

Topic

Question Type

Essay Multiple Choice

Question Source

All Jurisprudence based

0 tracked cards Political and Public International Law

A provincial Governor terminates the appointment of a Provincial Social Welfare Officer (PSWO) after 9 months in a 5-year term via a written order citing alleged misappropriation of relief funds. The order directs the PSWO to cease performing duties immediately and provides no prior notice, charges, or opportunity to be heard. The PSWO challenges the termination as void for lack of due process. Question: (a) Identify the controlling rule on termination of official relation of appointive public officers in the Philippines and the due-process requirements for removal for cause. (b) Apply to the facts: Is the Governor’s order valid? Explain. (c) What is the effect on the PSWO’s acts performed after the order and on contracts entered into in her name during this interim period if the order were invalid for lack of due process? State the likely remedy if due process was violated.

Choose the Best Answer

Removal for cause of appointive public officers requires due process: notice, a written charge, and an opportunity to be heard; the order is void for lack of due process; the officer remains in office; acts performed after the void order and contracts entered during the interim are valid; the remedy is reinstatement with back pay for the interim period. The order is void, but the officer’s acts in office during the interim are automatically ratified by subsequent confirmation of charges by the appointing authority. The order is valid because removal for cause can be effected with immediate cessation pending investigation; due process is satisfied by subsequent hearing; the acts after the order are valid. If due process is violated, the proper remedy is criminal prosecution of the officer for misappropriation and a voided order.

Load another random question

Your Progress

No data Retention

Tracked Cards: 0
Accuracy: No data
Retained: 0

View Detailed Analytics

Difficulty Breakdown

Answer flashcards to build a real score-based difficulty breakdown.

Current Streak 0 Days

Start a streak with this card.

Suggested Decks

View All

Leech Cards

Review

No recent weak flashcards in your saved workbook.

More

Flashcards Studio

Question

Choose the Best Answer

Hello