AQUILINO T. LARIN vs.

EXECUTVE SECRETARY
G.R. No. 112745. October 16, 1997

Facts:
A decision was rendered by the Sandiganbayan convicting Aquilino T. Larin, then
Assistant Commissioner of the Bureau of Internal Revenue and his co-accused of the
crimes of violation of the National Internal Revenue Code and Anti-Graft and Corrupt
Practices Act.
Consequently, the President, in the assailed Administrative Order, found petitioner
guilty of grave misconduct in the administrative charge and imposed upon him the penalty
of dismissal.
Petitioner filed directly the instant petition to question his alleged unlawful removal
from office challenging the authority of the President to dismiss him. He argued that when
presidential appointees who are Career Executive Service Officers are concerned, the
President exercises only the power of control not the power to remove.

Issue:
Whether the dismissal of the petitioner was valid?

Held:
No. Larin is a presidential appointee who belongs to the career service of the Civil
Service. Although it is a general rule that the power to remove is inherent in the power to
appoint, such power to remove is with limitations. In the case at bar, the limitation can be
found in the fact that Larin is a career service officer and under the Administrative Code
of 1987, such officers who fall under career service are characterized by the existence of
security of tenure. As a career service officer, Larin enjoys the right to security of tenure
and only be removed from his office on grounds enumerated in the said Code.