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Up V Ca
Up V Ca
FACTS
ISSUE
Whether the petitioner’s automatic separation from the civil service due to prolonged absence
without leave was valid.
RULING
YES. Petitioner was never actually dropped from the service of UPLB. He remained in the roll of
academic personnel even after being warned of the possibility of being dropped from service: no
notice of dropping from the rolls was issued by UPLB; petitioner’s salary was increase several
times during his absence; his appointment was reclassified with promotion in rank. These acts are
clearly inconsistent with serparation or dropping from service. Despite Section 33, Rule XVI or the
Revised Civil Service Rules which authorizes automatic separation, such is not applicable to UP
because of its academic freedom. This freedom encompasses autonomy to choose who should
teach and who should be retained in its rolls of professors and other academic personnel.
UNIVERSITY OF THE PHILIPPINES v CSC
FACTS
ISSUE
Whether the petitioner’s automatic separation from the civil service due to prolonged absence
without leave was valid.
RULING
YES. Petitioner was never actually dropped from the service of UPLB. He remained in the roll of
academic personnel even after being warned of the possibility of being dropped from service: no
notice of dropping from the rolls was issued by UPLB; petitioner’s salary was increase several
times during his absence; his appointment was reclassified with promotion in rank. These acts are
clearly inconsistent with serparation or dropping from service. Despite Section 33, Rule XVI or the
Revised Civil Service Rules which authorizes automatic separation, such is not applicable to UP
because of its academic freedom. This freedom encompasses autonomy to choose who should
teach and who should be retained in its rolls of professors and other academic personnel.