There is constructive dismissal when an employee quits his work because of the agency head's unreasonable, humiliating, or demeaning actuation which render continued work impossible. This may occur although there is no diminution or reduction of the salary of the employee. It may be a transfer from one position of dignity to a more servile or menial job. While a temporary transfer or assignment of personnel is permissible even without the employee's prior consent, it cannot be done when transfer is a preliminary step toward his removal, or a scheme to lure him away from his permanent position, or when it is designed to indirectly terminate his service, or force his resignation. Such transfer would in effect circumvent the provision which safeguards the tenure of office of those who are in the civil service.
When a government official or employee in the classified civil service had been illegally dismissed, and his reinstatement had later been ordered, for all legal purposes he is considered as not having left the office, so that he is entitled to all the rights and privileges that accrue to him by virtue of the office that he held (Republic of the Philippines, represented by the Civil Service Commission v. Minerva M.P. Pacheco, G.R. No. 178021, January 25, 2012).
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