f. Disciplinary Power (Suspension and Removal)

Meaning of “For Cause”

For reasons which the law and sound public policy recognized as sufficient warrant for approval, that is, legal cause, and not merely causes which appointing power in the exercise of discretion may deem sufficient. The cause must relate to and affect the administration of the office, and must be restricted to something substantial in nature.

Power of removal

General Rule: The power of removal may be implied from the power of appointment

Exception: The President cannot remove officials appointed by him where the Constitution prescribes certain methods for separation of such officers from public service, e.g. Chairman and Commissioners of Constitutional Commissions who can be removed only by impeachment, or judges who are subject to the disciplinary authority of the Supreme Court.

Career Civil Service: Members of the career civil service who are appointed by the President may be directly disciplined by him [Villaluz v. Zaldivar, G.R. No. L-22754, October 29, 1965].

Serve at the pleasure of the President: Cabinet members and such officers whose continuity in office depends upon the pleasure of the president may be replaced at any time, but legally speaking, their separation is effected not by removal but by expiration of their term of the appointee.

ATENEO NOTES

Power of Removal

General Rule: The express power of appointment of the President has the corollary implied power of removal. Hence, the President may remove appointees.

Exception: Appointments requiring certain methods for removal (e.g., Impeachment, appointment of judges of inferior courts (PHIL. CONST., art. VIII, § 11; Gonzales III vs. Office of the President of the Philippines, G.R. No. 196231, Sept. 4, 2012).

The succeeding President may not revoke appointments to the Judiciary made by an Acting President. Sec. 14, Art. VII refers only to appointments in the Executive Department. It has no application to appointments in the Judiciary because temporary or acting appointments can only undermine the judiciary due to their being revocable at will…Prior to their mandatory retirement or resignation, judges of the first or second level courts and the Justices of the third level courts may only be removed for cause, but the members of the Supreme Court may be removed only by impeachment (De Castro v. JBC, G.R. No. 191002, Apr. 20, 2010).

Disciplinary Powers

The power of the President to discipline officers flows from the power to appoint the officer, and NOT from the power of control.

While the President may remove from office those who are not entitled to security of tenure, or those officers with no set terms, such as Department Heads, the officers, and employees entitled to security of tenure cannot be summarily removed from office.