The executive director of the Career Executive Service Board declared as lawful the Justice Department's legal opinion that the top officials of the Public Attorney's Office (PAO) risk losing their posts because they are not career executive service officers (CESO). In a phone interview with GMANews.TV on Friday, CESB executive director Anthonette Velasco-Allones insisted that PAO chief Persida Acosta, the deputy chief public attorneys, and the regional public attorneys must first take the CES exam to become CESOs. Acosta earlier maintained the said positions should not be covered by the CES eligibility requirement. She stated that she should keep her post because Republic Act No. 9406 or the new PAO law gives the said positions security of tenure even if they are not CESOs. However, Allones argued that the Department of Justice's (DOJ) legal opinion on the PAO officials' security of tenure "was based on law." "Ang opinyon ng DOJ ay alinsunod sa batas (The DOJ opinion is in accordance with the law). Unfortunately, for Attorney Acosta, PD 1 and EO 292 are not inconsistent with the PAO law. These laws intend to protect the career service," said Allones. She said that Presidential Decree (PD) No. 1 of 1972 and Executive Order (EO) No. 292 or the Administrative Code of 1987 takes precedence over the new PAO law. PAO top officials should be CESOs Allones explained that in December, a deputy chief public attorney asked the CESB to have the following positions taken out of CES coverage:
the PAO chief, deputy chief public attorneys, and regional public attorneys. However, Allones believes that the said positions should be part of the CES eligibility, which means that those holding them should be CESOs. Moreover, Allones said based on PD 1 and EO 292, the following should be covered by the CES: those holding career positions; those who have a salary grade 24 or higher, and those whose positions require managerial and leadership competence. As the PAO chief, the deputy chief public attorneys, and regional public attorneys are not yet CESOs, they should take the CES examinations for them to be qualified. "Going back to PAO chief, PAO chief deputy, and regional directors -- because all those are career positions, have salary grades 24 or higher, and require managerial skills, then these are CES positions," said Allones. DOJ opinion This was the same reason given by the DOJ legal opinion prepared by Chief State Counsel Ricardo Paras. In an opinion dated January 3, 2011, Paras said unless the concerned positions comply with the condition of taking the CES exam, they are presumed to be 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 opinion, which is still subject to Justice Sec. Leila de Lima's approval. "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. Cabinet rank? Acosta then said that the PAO law or RA 9406 should take precedence and give them security of tenure. She then added her position has the same salary grade 31 as a Cabinet secretary, which does not require CES qualification. However, Allones said Acosta can't cite her salary grade in insisting that she has the right to keep her post. "If she say she is equivalent to a Cabinet secretary, she's in a more dangerous position. That position is highly political and you can be removed depending on who's sitting in Malacañang," said Allones. She likewise reminded Acosta that being part of the Career Executive Service "works to the betterment of the government." "If PAO officials are part of career service, kahit sino ang umupo, mananatili sila (they get to keep their posts whoever is the appointing authority)," said Allones. — LBG/VVP, GMANews.TV 
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