DOJ opinion: PAO top execs risk losing positions

Top officials of the Public Attorney’s Office (PAO) may be ineligible for their posts unless they take Career Executive Service Office (CESO) examinations, according to a Department of Justice (DOJ) legal opinion. "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," said the legal opinion issued Jan. 3, 2011. However, the opinion, issued by Chief State Counsel Ricardo Paras, is not yet final and has yet to be signed by Justice Secretary Leila de Lima. "PAO chief [Persida] Acosta wrote to us clarifying or making known her position that the Career Executive Board is wrong. So I referred [Acosta's letter] to the chief state counsel. So they have this opinion and I'm reviewing it," said De Lima. CESO eligibility Based on the legal opinion, those whose security of tenure are in question include Acosta, who is the Chief Public Attorney; Deputy Chief Public Attorneys; and Regional Public Attorneys. "Considering that the appointments of the Chief Public Attorney, Deputy Chief Public Attorneys and Regional Public Attorneys are temporary, they are required to subsequently take the CES examination," said the opinion. Paras' legal opinion said that under the law, officials in those positions should be career executive service eligibles for them to keep their posts. However, the PAO Law does not guarantee them the required CES right to keep their posts, the opinion said. Acosta's response Acosta, in a radio interview on Thursday afternoon, disputed the DOJ opinion, saying that under the PAO Law, the concerned positions enjoy security of tenure because they need not be reappointed by the president. "Hindi na kailangan i-reappoint, ayon sa PAO Law (Under the PAO Law, we need not be reappointed)," Acosta said. She added that she will keep her post until she reaches her mandatory retirement age of 65. "Kung pag-uusapan po ang security of tenure, hanggang 65 po o kung gusto ko pa (If we’re talking about security of tenure, I will stay until I’m 65 or as long as I want)," Acosta said. - KBK/MRT/JV, GMANews.TV