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SALAS
FACTS: Salas was appointed by the PAGCOR Chairman as
Internal Security Staff (ISS) member and assigned to the
casino at the Manila Pavilion Hotel. His employment was
terminated by the PAGCOR Board for loss of confidence, after
a covert investigation yielded an alleged involvement of Salas
in proxy betting.
Salas requested reinvestigation from the PACGOR Board,
which was denied. Appeals to the MPSB and CSC were
denied saying that being a confidential employee by operation
of law (PD1869) his term only in fact expired upon loss of
confidence by the appointing power. The CA however
reversed the mentioned rulings and adjudged Salas to not be
a confidential employee after applying the proximity rule.
Petitioners raise 4 grounds: (1) Sec 16. PD. 1869 creating the
PACGOR expressly provides that all employees of the casinos
and related services shall be classified as confidential
appointees; (2) PAGCOR vs. Court of Appeals, et al. which
classified PAGCOR employees as confidential appointees; (3)
CSC Resolution No. 91-830 declared employees in casinos
and related service as confidential appointees by operation of
law; and (4) His functions as a member of the ISS
ISSUE: WON Salas, a member of the PACGORs Internal
Security Staff is a confidential employee
HELD: No
RATIO: "Section 16 1 of PD 1869 insofar as it exempts
PAGCOR positions from the provisions of Civil Service Law
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