Duterte order no ‘sword of Damocles,’ says CSC

The Civil Service Commission (CSC) clarified on Wednesday that President Duterte did not violate the law when he moved to clean up the bureaucracy and ordered the firing of officials appointed by previous presidents.

At the legislative hearing over over the proposed P1.335-billion CSC budget in 2017, Albay Rep. Edcel Lagman asked the body whether the President’s memorandum circular 4 violated a constitutional provision that states that no officer and employee of civil service should be removed or suspended without cause provided by law.

 Overwhelming majority

He likened it to the proverbial “sword of Damocles” hanging over the heads of the “overwhelming majority of presidential appointees.”

“This is a class legislation because it only favors those appointed by the incumbent president and discriminates against those appointed by the previous presidents,” Lagman said. “The sword of Damocles has never been unleashed, it is a threat. To the faint-hearted, it will be a painful experience.”

But CSC chair Alicia Dela Rosa-Bala said officials who may be removed at the pleasure of the appointing authority are those handpicked without security of tenure, as well as non-career service officials who serve at the president’s pleasure.

 No violation

CSC Office for Legal Affairs director Ariel Ronquillo added that while it appeared the order “may be considered a class legislation” it did not violate the constitutional provision on civil servants.

“If the intention of this memorandum circular is to remove or terminate the services of previous presidential appointees who do not enjoy security of tenure because they’re holding non-career positions―while it appears to be a class legislation―I think it will not transgress that constitutional guarantee,” he stressed.

Ronquillo said presidential appointees who are non-career officials and did not enjoy security of tenure “can be removed at any time at the pleasure of the appointing authority.”

“The power to appoint also includes the power to remove,” Ronquillo said.

Ronquillo said the appointed officials already knew upon their assumption that they could be removed any time.

“My understanding of the sword of Damocles is it’s an ax ready to fall anytime on whomever it may be directed. This memorandum circular basically enumerates those who will have to go. They are being asked to tender their courtesy resignation,” Ronquillo stressed.

Appointing authority

“This refers only to those who are non-career, those who are not enjoying security of tenure. So therefore, from the start of employment, they know they can go anytime the appointing authority tells them to go,” he added.

Lagman likened the move to that of the late strongman Ferdinand Marcos, who in 1972 issued a sweeping order calling for courtesy resignations of appointed officials just after declaring martial law.

But Ronquillo said the incidents were not “squarely similar” because Mr. Duterte’s order provided for specific exemptions, including career officials.

In issuing his order Sunday, Mr. Duterte noted that corruption remained pervasive in government agencies, despite his young government’s efforts to clean the bureaucracy.

“If you are there because of a presidential appointment, I will declare all your positions, all throughout the country, vacant,” the Presidents had said.