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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Political and Public International Law

During a typhoon aftermath, the Municipal Mayor appoints Ms. A, a private citizen with no government employment, as Acting Director of the Municipal Public Works and Infrastructure Office for 50 days to supervise a post-disaster road repair program. The appointment is made without Civil Service Commission certification, and Ms. A will be paid by the municipality for the duration. (a) Is this appointment within the scope of the Civil Service? Identify the controlling rule and the proper status of Ms. A. (b) Distinguish the rule governing positions of trust and confidence from career service posts, and apply it to this case. (c) If the appointment were void for lack of CSC authorization, what would be the likely consequences for the Mayor and for Ms. A, and what remedies would be available to correct the situation?

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Yes; The post is a career-service post that must be CSC-certified; Without certification, the appointment is void and the remedy is to reappoint with proper certification Yes; The appointment is within scope but should be treated as a confidential position that also permits non-certification; remedy is to classify accordingly and proceed Yes; Ms. A occupies a position of trust and confidence and is not a career-service post, so CSC certification is not required; if the appointment is void for lack of authorization, the Mayor may face administrative liability and the remedy is to reappoint or regularize the post with CSC clearance. No; A private citizen cannot hold any local government office, so the appointment is void ab initio and the remedy is to dismiss and appoint a CSC-certified civil servant to fill the position

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