MANILA, Philippines - Chief Public Attorney Persida Rueda-Acosta and her deputies do not require career executive service (CES) eligibility to remain in office, the Civil Service Commission (CSC) has ruled.
In a resolution dated June 1, which was obtained by The STAR, the CSC dismissed the appeal filed by the Career Executive Service Board (CESB).
The CSC ruling said the appeal raised no new arguments to support the stand of the CESB on PAO officials, and the appeal was “devoid of merit.”
The ruling was penned by Commissioner Mary Ann Fernandez-Mendoza.
Civil Service Chairman Francisco Duque III and Commissioner Rasol Mitmug concurred.
The controversy arose from a legal opinion of Chief State Counsel Ricardo Paras III issued last January was based on a CESB position that the post chief public attorney requires civil service eligibility.
The Department of Justice suggested that Acosta and her deputies take the civil service examination to get CES officer level.
“Considering that the appointments of chief public attorney, deputy chief public attorneys and regional public attorneys are
temporary, they are required to subsequently take the CES examination,” the DOJ said.
“In the absence of any evidence that would show compliance with the said condition, it is presumed that the top-level officials of the PAO are non-CES eligibles; therefore, they may be removed from office by the appointing authority without violating their constitutional and statutory rights to security of tenure.”
However, Acosta contested this position and sought relief from the CSC.
She said the CSC opinion should prevail since CES Board is just an “attached and subordinate agency.”
“The only office that can resolve eligibility of government officials and employees is the CSC,” she said. “And its opinion is binding to all department heads.”