What is removal?

Removal is the forcible and permanent separation of the incumbent from

office before the expiration of his term.
It is different from suspension which is temporary divestiture of the right to
the office during part of the term and does not have the effect of vacating the
office.
It was distinguished from expiration of the term in that the latter mode
operates automatically to terminate official relations by the mere lapse of time
conformably to law or the pleasure of higher authority.
Where not expressly provided for, the power of removal may be derived
under the doctrine of implication from the power of appointment. It means that,
the express power to appoint carries with the implied power to remove.
The rule is that they may not be suspended or dismissed except for cause as
provided by law and established appropriate administrative proceedings, and after
due process.

PROCEDURES

COMPLAINT

PRELIMINARY INVESTIGATION

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FORMAL CHARGE

PREVENTIVE SUSPENSION

FORMAL INVESTIGATION
DECISION

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INGLES vs MUTUC
Section 32 of Republic Act No. 2260, provides:

SEC. 32. Disciplinary Action. No officer or employee in the civil service shall
be removed or suspended except for cause as provided by law and after due
process Provided, That a transfer from one position to another without reduction in
rank or salary shall not be considered disciplinary when made in the interest of
public service Provided, further, That no complaint against a civil service official or
employee shall be given due course unless the same is in writing and subscribed
and sworn to by the complainant And provided, finally, That the respondent shall

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be entitled to a formal investigation if he so elects, in which case he shall have the

right to appear and defend himself at said investigation in person or by counsel, to
confront and cross examine the witnesses against him, and to have the attendance
of witnesses and production of documents in his favor by compulsory process of
subpoena or subpoena duces tecum.
Article IX, 9(b), 1987 Constitution
No officer or employee shall be removed or suspended except for cause provided
by law.
WHAT IS THE TERM FOR CAUSE MEANS?
A:
It 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 vested with the power of
removal, or without any cause. Moreover, the cause must be restricted to
something of a substantial nature affecting the rights and interests of the Public
(De los Santos v. Mallare).

The law on suspension of elective public officials must be strictly

construed and applied, and authority in whom such power of suspension
or removal is vested,
must exercise it, with utmost good faith, for
involved is
not just an ordinary public official but one chosen by the
people through the exercise of their constitutional right of suffrage. Their
will must not be put to naught by caprice or partisanship of the
disciplining authority. Where the disciplining authority is given only the
power to suspend and not the power to remove, it should not be permitted
to manipulate the law by usurping the power to remove by arbitrarily
exercising the power to suspend in a manner that results in the removal of
elected official from office.

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