Samson v. CA, 145 SCRA 654 (1986) Facts: Feliciano Talens was Assistant Secretary to the Mayor of Caloocan.

The newly-elected mayor, Marcial Samson, released an Administrative Order qualifying the services of Talens as non-competetive and terminating his employment on the ground of lack and loss of confidence. He appointed Liwas as replacement. Petitioner justifies that as Assistant Secretary, like the Secretary, renders noncompetitive service which is primarily confidential and highly technical in nature where termination may be made due to lack and loss of confidence. However, respondent contends that he is not a non-competitive employee and thus, can only be removed for cause and after due process has been observed. Thus, he filed with the Court of First Instance of Caloocan to annul the disputed administrative order, to enjoin the petitioner mayor, treasurer, and auditor from enforcing the same, and to compel all the said public officials to pay private respondent the salaries and emoluments due to him. The CFI, as well as the CA, ruled in favor of Talens. Issue: Is the termination without cause or due process of Talens services as Assistant Secretary to the Mayor legal on the ground of lack or loss of confidence? Ruling: NO. The position of Assistant Secretary to the Mayor cannot be classified as non-competitive. Since the position is not enumerated nor does it qualify as Secretary or Head of Departments under Section 5 of the Civil Service Law , then the position is classified as competitive . Employees of competitive classification cannot be terminated on the ground of lack or loss of confidence, rather only for cause and agter due process.