Acosta continues fight to stay with PAO

Public Attorney's Office head Persida Rueda-Acosta on Tuesday submitted to the Department of Justice (DOJ) a Civil Service Commission legal opinion stating that she and her deputies do not need career executive service office (CESO) eligibility to stay with PAO. Citing Executive Order No. 292 or the Administrative Code of 1987, Acosta said the CSC has the authority to render opinion on appointments, and is superior to the Career Executive Service Board (CESB). "The CES Board is just a subordinate of the Civil Service Commission. The CES Board is just an attached agency," said Acosta. Section 12(5) of EO 292 provides that the CSC shall have the power to "render opinion and rulings on all personnel and other civil service matters, which shall be binding on all heads of departments, offices and agencies, and which may be brought to the Supreme Court on certiorari." Interpreting this, Acosta said: "Civil Service Commission... ang pwede lang to render opinion on rulings on civil servants (Only the Civil Service Commission can render opinion on rulings on civil servants)." CSC vs CES The DOJ earlier came out with an opinion saying that Acosta, her deputy chief public attorneys, and the regional public attorneys must first take the CES exam to become CESO eligible. The CESB, through its Executive Director Anthonette Velasco-Allones, later said the DOJ opinion was in accordance with the law. But Acosta insisted that the affected positions should not be covered by the CES eligibility requirement, stating 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 CESO eligible. Acosta then found an ally in CSC Commissioner Cesar Buenaflor, who said that under the PAO law, the chief public attorney only needs law practice to qualify for the position. On Tuesday, Acosta submitted to the DOJ a separate legal opinion issued by the CSC chair Francisco Duque III, and Commissioners Buenaflor and Mary Ann Fernandez-Mendoza. CSC legal opinion The opinion said imposing that the PAO chief and her deputies should be CESO eligible is "not proper, if not illegal." The CSC opinion said that under RA No. 1080, only passing the Bar examination is needed for purposes of appointment for the concerned positions. "The Constitution and the Civil Service Law prescribe RA 1080 as the appropriate civil service eligibility therefore. Accordingly, any imposition of a third level eligibility is not proper, if not illegal, under the circumstances," the opinion read. "It is the Commission's opinion that for purposes of permanent appointment to the positions of Chief Public Attorney, Deputy Chief Public Attorney, and Regional Public Attorney, no third level eligibility is required but only RA 1080 (BAR) civil service eligibility," the opinion further said. — KBK/RSJ, GMANews.TV