THE Public Attorneys' Office (PAO) chief and her deputies can now enjoy the security of tenure, as their positions have been made permanent.
This, after the Supreme Court (SC) reversed the 2011 resolution of the Career Executive Service Board (CESB) that imposes eligibility requirements on PAO chief Persida Rueda Acosta and her deputies and affirmed the assailed issuances of the Civil Service Commission (CSC) dated February 15, 2011 and June 1, 2011, respectively.
"Wherefore, foregoing premises considered, the instant appeal is hereby granted...Accordingly, the CESB Resolution No. 918 dated January 12, 2011 is reversed and set aside for not being in conformity with law and jurisprudence. It is declared that the following key positions in the Public Attorney's Office do not require third level eligibility and CESO rank for purposes of tenurial security," the dispositive portion of the SC's decision read.
The CESB resolution that was junked by the high court requires the top officials of the PAO to take the Civil Service exam to get the Career Executive Service (CES) officer level to be permanent in their positions.
But the SC in its decision said there's no need for the PAO officials to undergo such before they become permanent.
Particularly, the Court was asked to determine whether positions Chief Public Attorney, Deputy Chief Public Attorneys and Regional Public Attorneys are included in CES and whether the occupants of these positions must obtain third-level eligibility to qualify for permanent appointment.
A related issue that was brought up is whether the CSC can review a decision reached by the CESB.
The Court, in its ruling, said that under the Constitution and pertinent laws (Revised Administrative Code of 1987, among others), the CSC may properly review decisions reached by the CESB, which is an agency attached to it.
The Court also stated that the CESB members–Chairperson Bernardo Abesamis, Executive Director Ma. Anthonette Velasco-Allones and Deputy Executive Director Arturo Lachica–do not have the power to amend the law.
"The CESB effectively amended the law when it required that the PAO officials obtain third level eligibility before they could become permanent as this requirement is not provided in the law. The requirements for the PAO positions are the same as the requirements for their counterparts in the National Prosecution Service and no such requirement is imposed," the SC said.
The SC ruled that the CSC committed no grave abuse of discretion when it ruled in favor of PAO officials.
It also noted that the public lawyers should be treated like members of the National Prosecution Service (NPS), who enjoy tenurial security.
“To fulfill the legislative intent to accord equal treatment to senior officials of the PAO and the NPS, parity in their qualification for appointment must be maintained. Accordingly, the revived qualifications of those in the NPS must also be considered applicable to those in the PAO,” the decision read. (SunStar Philippines)