This case has been cited 2 times or more.
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2013-07-23 |
BRION, J. |
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| Gonzales was appointed as the provincial administrator of the Province of Camarines Norte by then Governor Roy A. Padilla, Jr. on April 1, 1991. Her appointment was on a permanent capacity. On March 8, 1999, Governor Jess B. Pimentel sent Gonzales a memorandum directing her to explain in writing why no administrative charges should be filed against her for gross insubordination/gross discourtesy in the course of official duties, and conduct grossly prejudicial to the best interest of the service; this was later on captioned as Administrative Case No. 001. After Gonzales submitted her comment, an Ad Hoc Investigation Committee found her guilty of the charges against her, and recommended to Governor Pimentel that she be held administratively liable.[4] On September 30, 1999, Governor Pimentel adopted the Ad Hoc Investigation Committee's recommendation and dismissed Gonzales.[5] | |||||
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2005-11-15 |
AUSTRIA-MARTINEZ, J. |
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| As a SMRTA, each of them earns P3,000.00 a month.[42] From the nature of respondents' functions, their organizational ranking, and their compensation level, it is obviously beyond debate that respondents, occupying one of the lowest ranks in petitioner, cannot be considered confidential employees. Their job description spells out their routinary functions. As enumerated in their functions, there is nothing to suggest that their positions were "highly," or much less "primarily" confidential in nature. There is no showing of that element of trust indicative of a primarily confidential position, as defined in De los Santos vs. Mallare,[43] thus:Every appointment implies confidence, but much more than ordinary confidence is reposed in the occupant of a position that is primarily confidential. The latter phrase denotes not only confidence in the aptitude of the appointee for the duties of the office but primarily close intimacy which insures freedom of intercourse without embarrassment or freedom from misgivings of betrayals of personal trust or confidential matters of state.[44] | |||||