Constitutional Law

Gannapao vs. CSC G.R. No. 180141, May 31, 2011 Civil Service

FACTS:

Petitioner SPO1 Rimando A. Gannapao appeals the Decision of the CA which affirmed CSC Resolution which upheld the decision of the PNP Chief finding petitioner guilty of Serious Irregularities in the Performance of Duties, as affirmed by the Secretary of DILG, but modified the penalty of three months suspension to dismissal from the service.

 

ISSUE:

Being civilian in character, is the Phil. National Police [PNP] covered by the Civil Service?

 

RULING:

Section 6, Article XVI of the Constitution provides that the State shall establish and maintain one police force which shall be civilian in character.  Consequently, the PNP falls under the civil service pursuant to Section 2(1), Article IX-B, also of the Constitution. Section 91 of the DILG Act of 1990 expressly declared that the Civil Service Law and its implementing rules and regulations shall apply to all personnel of the Department.

 

 

 

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