FACTS:
Resolutions Nos. 62 and/or 63 of the municipal
council of Mambajao, Camiguin subprovince, Misamis Oriental, dated August 2,
1960, abolished the position of municipal clerk in the Mayor's office in said
municipality, effective August 3, 1960, premising the same on reasons of
economy. Domingo Arao, the occupant of said position since January 4, 1952,
moved for reconsideration with said council. Said motion was however considered
dropped when Arao failed to appear at a subsequent date fixed for him to be
heard. Aside from this, Arao complained to the Civil Service Commissioner,
alleging that the municipal council removed him from office in violation of his
right under the Constitution to security of tenure as a civil service eligible
holding a permanent appointment.
RULING:
Appellant's
clerical position, was within the power of the municipal council to create, and
was also within its power to abolish, provided the exercise of said power is
not used as a subterfuge to cover removal from office without cause of a civil
service employee.* Abolition of the position in good faith is not removal, so
the Constitutional provision, Sec. 4, Art. XII, providing that removal of
employees in the civil service be only for cause, does not apply. Such is the
situation herein. Petitioner not only failed to prove that personal or
political reasons were behind the abolition of his position; the fact that
reasons of economy alone were what prompted the abolition, has been fully
substantiated.
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