Professional Documents
Culture Documents
Mallare
DOCTRINE: Positions which are NOT primarily confidential,
highly technical and policy-determining cannot be removed
except for cause. They also cannot be removed at the
presidents pleasure.
FACTS:
1. De Los Santos was appointed by the president and
confirmed by the CSC as City Engineer of Baguio City.
2. Mallare was extended an ad interim appointed by the
President to said position so De Los Santos filed a quo
warranto case against him.
3. De Los Santos argues that he cannot be removed
against his will and without cause under Art. 12 Sec 4
of the Constitution
a. "No officer or employee in the Civil Service shall
be removed or suspended except for cause as
provided by law."
ISSUE: WON De Los Santos may be removed from his position
at the presidents pleasure
NO
RULING:
4. The Revised Administrative Code Sec 2545 provides
that the president may remove at pleasure any of the
said appointive officers.
5. The constitution provided for cause as provided by
law. It left to the Congress the causes for removal. It
may mean that the presidents choice to remove is a
cause itself.
6. For cause means for reasons which the law and sound
public policy recognized as sufficient warrant for
removal, that is, legal cause, and not merely causes
which the appointing power in the exercise of
discretion may deem sufficient. It is implied that
officers may not be removed at the mere will of those