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Digest: Lameyra v. Pangilinan (322 SCRA 117, 2000)

Digest: Lameyra v. Pangilinan (322 SCRA 117, 2000)

Facts: Petitioner received a letter from the mayor informing him that he is dropped from the roll of employees of the local government unit.  Petitioner claims that he was terminated without prior written notice of the charges and without investigation and hearing. 

Issue: Whether or not the dropping from the roll is valid.

Ruling: Although it is clear from the Civil Service Memorandum Circular that no prior notice is required to drop from the rolls an employee who has been continuously absent without leave for at least thirty days, petitioner contests the finding that he was absent at all.  He claims that he reported for work but was prevented form signing the log book.  In view of the circumstances prevailing in this case, the Civil Service Commission should have considered the new evidence annexed by petitioner to his motion for reconsideration.


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