SC: Third-level eligibility not necessary for public attorneys

The Supreme Court on Wednesday ruled that the public attorneys, like the members of the National Prosecution Service (NPS), are not required to obtain third-level eligibility for permanent appointment.

In its ruling, the high court dismissed the petition for certiorari filed by the Career Executive Service Board (CESB) for lack of merit.

In 2011, then Justice Secretary Leila De Lima moved for the removal of PAO Chief Persida Rueda Acosta and all her deputies for being unqualified to their positions.

De Lima said it is required by law that Acosta and her deputies should be CES-eligible to become permanent appointees to their positions.

Acosta contested the DOJ ruling. De Lima then sought a clarification from the Civil Service Commission about the status of the PAO Chief and her deputies.

The DOJ said to be able to have the security of tenure for their positions, Acosta and her deputies should take the Career Executive Service Officers (CESO) examination.

However, the Civil Service Commission (CSC) disagreed with De Lima and the CESB. The CSC said the PAO posts are permanent and not covered by the CES requirement.

The high court, in it is ruling, said 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 by law.”

“The requirements for the PAO positions are the same as the requirements for their counterparts in the NPS and no such requirement is imposed,” the high court said. IDL