806 Phil. 967
SERENO, C.J.:
Based on the foregoing, your claim that the appointments of the top-level officials of the PAO are permanent is without merit. For one, the positions of the Chief Public Attorney. Deputy Chief Public Attorney and Regional Public Attorneys are part of the CES. x x xThe DOJ also noted that the permanent nature of an appointment does not automatically translate to an exemption from CES coverage, as it is only the CESB that has the authority to exempt certain positions from CES requirements.[15] The DOJ further rejected the claim that the occupants of the subject positions were exercising quasi-judicial functions. It explained that while the lawyers of the PAO regularly conduct mediation, conciliation or arbitration of disputes, their functions do not entail the rendition of judgments or decisions - an essential element of the exercise of quasi-judicial functions.[16]
x x x x
Secondly, since the Chief Public Attorney, Deputy Chief Public Attorneys and Regional Public Attorneys are occupying CES positions, it is required by law that they should be CES eligibles to become permanent appointees to the said position. x x x.
x x x x
This leads to the inevitable conclusion that the appointments of the Chief Public Attorney. Deputy Chief Public Attorneys and Regional Public Attorneys are not permanent, despite your claims to the contrary, considering that they do not possess the required CES eligibility for the said positions. As such, they cannot invoke their right to security of tenure even if it was expressly guaranteed to them by the PAO Law.
x x x x
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. 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.[14]
The law is explicit that the positions [of] Chief Public Attorney, Deputy Chief Public Attorney and Regional Public Attorney in PAO shall have the same qualifications for appointment, among other things, as those of the Chief State Prosecutor, Assistant Chief State Prosecutor and Regional State Prosecutor, respectively. These, of course include, the eligibility requirement for these positions. x x x.CESB Resolution No. 918
x x x x
The Prosecution Service Act of 2010 explicitly provides that the Prosecutor General (the retitled position of Chief State Prosecutor) has the same qualifications for appointment, among other things, as those of the Presiding Justice of the Court of Appeals (CA). Further, the Senior Deputy State Prosecutor and the Regional Prosecutor have the same qualifications as those of an associate justice of the CA. x x x.
x x x x
No less than the Constitution provides that justices and judges in the judiciary are required, among other things, practice of law as requirement for appointment thereto. Pointedly, the Presiding Justice and the Associate Justice of the Court of Appeals (CA) have the same qualifications as those provided for in the Constitution for Justices of the Supreme Court[,] which includes, among other requirements, practice of law. This means that the Constitution and the Civil Service Law prescribe RA 1080 (BAR) as the appropriate civil service eligibility therefor. Accordingly, any imposition of a third-level eligibility (e.g. CESE, CSEE) is not proper, if not, illegal under the circumstances. In fact, even in the 1997 Qualification Standards Manual of the Commission, all of these positions require RA 1080 BAR eligibility for purposes of appointment.
x x x x
Thus, 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.[20]
WHEREAS, pursuant to its mandate to identify positions of equivalent rank as CES positions, the Secretariat revisited its previous classification as part of the CES [of] the above positions of PAO and conducted a position classification of the above positions and arrived at the following findings:With regard to the question of its jurisdiction over the matter as against that of the CSC, the CESB stated:
- The positions of Chief Public Attorney, Deputy Chief Public Attorneys, Regional Public Attorneys and Assistant Regional Public Attorneys who are all presidential appointees fall within the criteria set under CESB Resolution No. 299, s. 2009, namely:
- The position is a career position;
- The position is above division chief level;
- The duties and responsibilities of the position require the performance of executive or managerial functions.
- While Section 3 of Republic Act 9406 which provides that:
SEC. 3. A new Section 14-A, is hereby inserted in Chapter 5. Title III, Book IV of Executive Order No. 292, otherwise known as the "Administrative Code of 1987", to read as follows:The aforecited provision does not limit the mandate of PAO to perform only non-executive functions. All that the aforecited provision states is that the PAO is mandated to render legal representation, assistance and counseling to indigent persons in criminal, civil, labor, administrative and other quasi-judicial cases, free of charge. Notably, the positions of Chief Public Attorney, Deputy Chief Public Attorney, Regional Public Attorneys and Assistant Regional Public Attorneys evidently require leadership and managerial competence.
"SEC. 14-A Powers and Functions. - The PAO shall independently discharge its mandate to render, free of charge, legal representation, assistance, and counselling to indigent persons in criminal, civil, labor, administrative and other quasi-judicial cases. In the exigency of the service, the PAO may be called upon by proper government authorities to render such service to other persons, subject to existing laws, rules and regulations."x x x x
WHEREAS, it is undisputed that the subject positions are CES in nature and as such, the eligibility requirement for appointment thereto is CES eligibility.
WHEREAS, under Section 8, Chapter 2. Book V of EO 292. it is the Board which has the mandate over Third-level positions in the Career Service and not the CSC. Section 8, Chapter 2, Book V of EO 292 provides:Aggrieved by the CESB Resolution, the PAO filed a Verified Notice of Appeal[25] and an Urgent Notice of Appeal[26] with the CSC.Section 8. Classes of Positions in the Civil Service. - (1) Classes of positions in the career service, appointment to which requires examinations shall be grouped into three major levels as follows:WHEREAS, in the case of De Jesus v. People, G.R. No. 61998, February 22, 1983, 120 SCRA 760, the Supreme Court ruled that "where there are two acts, one of which is special and particular and the other general which, if standing alone, would include the same matter and thus conflict with the special act, the special must prevail since it evinces the legislative intent more clearly than that of a general statute and must be taken as intended to constitute an exception to the general act."
x x x x(c) The third-level shall cover positions in the Career Executive Service.(2) x x x Entrance to the third-level shall be prescribed by the Career Executive Service Board.
WHEREAS, following the above-cited rule, it is clear that Section 8, Chapter 2, Book V of EO 292 is the exception to [the] general act pertaining to the authority of the CSC;
x x x x
WHEREAS, it is clear that the mandate of the Board is in accordance with existing laws and pertinent jurisprudence on matters pertaining to the CES[.][24]
The foregoing elaboration shows the qualifications of the subject PAO positions under the existing laws. It is gleaned that nowhere in these laws is there a reference to third-level eligibility and CESO rank as qualification requirements for attaining tenurial security. All that the laws uniformly prescribe for the positions in question is practice of law for certain period of time, which presupposes a bar license. This being the case, the CESB cannot, in the guise of enforcing and administering the policies of the third-level, validly impose qualifications in addition to what the laws prescribe, ft cannot add another layer of qualification requirement which is not otherwise specified in the statutes. As an administrative agency, the CESB can only promulgate rules and regulations which must be consistent with and in harmony with the provisions of the laws, and it cannot add or subtract thereto. Most evidently, therefore, in promulgating the assailed resolution, which sets out additional qualifications for the subject positions in the PAO, the CESB has overstepped the bounds of its authority. x x x.The CESB sought reconsideration of the Decision, but its motion was denied.[39]
In so saying, the Commission does not lose sight of the power of the CESB to identify other positions equivalent to those enumerated in the Administrative Code of 1987 as being part of the third-level or CES for as long as they come within the ambit of the appointing prerogative of the President. Yet, such grant of authority is derived from a general law (the Administrative Code) and hence, it must be deemed circumscribed or qualified by the special law governing the PAO. Reiteratively, the PAO Law, in conjunction with other laws, merely fixes practice of law as the principal qualification requirement for the positions of Acosta, et al.
WHEREFORE, foregoing premises considered, the instant appeal is hereby GRANTED. Accordingly, the CESB Resolution No. 918 dated January 12, 2011 is REVERSED and SET ASIDE for not being in conformity with law and jurisprudence. It is declared that the following key positions in the Public Attorney's Office do not require third-level eligibility and CESO rank for purposes of tenurial security:
- Chief Public Attorney;
- Deputy Chief Public Attorneys;
- Regional Public Attorneys; and
- Assistant Regional Public Attorneys.[38]
(1) | Whether a petition for certiorari and prohibition was the proper remedy to question the assailed CSC Decision and Resolution |
(2) | Whether the CSC had the jurisdiction to resolve the appeal filed by the PAO and to reverse CESB Resolution No. 918 |
(3) | Whether the CSC acted in accordance with law when it reversed the CESB and declared that third-level eligibility is not required for occupants of the subject PAO positions |
Section 1. Petition for certiorari. — When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs as law and justice may require.In this case, the second requirement is plainly absent. As respondents correctly observed, there was an appeal available to the CESB in the form of a petition for review under Rule 43 of the Rules of Civil Procedure. Section 1 of Rule 43 specifically provides for appeals from decisions of the CSC:
The petition shall be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-forum shopping as provided in the third paragraph of section 3, Rule 46.
Section 2. Petition for prohibition. — When the proceedings of any tribunal, corporation, board, officer or person, whether exercising judicial, quasi-judicial or ministerial functions, are without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered commanding the respondent to desist from further proceedings in the action or matter specified therein, or otherwise granting such incidental reliefs as law and justice may require.
The petition shall likewise be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-forum, shopping as provided in the third paragraph of section 3, Rule 46. (Emphasis supplied)
Section 1. Scope. — This Rule shall apply to appeals from judgments or final orders of the Court of Tax Appeals and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions. Among these agencies are the Civil Service Commission, Central Board of Assessment Appeals, Securities and Exchange Commission, Office of the President, Land Registration Authority, Social Security Commission, Civil Aeronautics Board, Bureau of Patents, Trademarks and Technology Transfer, National Electrification Administration, Energy Regulatory Board, National Telecommunications Commission, Department of Agrarian Reform under Republic Act No. 6657, Government Service insurance System, Employees Compensation Commission, Agricultural Invention Board, Insurance Commission, Philippine Atomic Energy Commission, Board of Investments, Construction Industry Arbitration Commission, and voluntary arbitrators authorized by law.In an attempt to justify its resort to certiorari and prohibition under Rule 65, the CESB asserts that the allegations in its Petition - the patent illegality of the assailed Decision and Resolution of the CSC, as well as the lack of jurisdiction and the grave abuse of discretion attending the latter's ruling - are not suitable for an appeal under Rule 43. It argues that since these grounds properly pertain to a petition for certiorari and prohibition, this remedy is more appropriate.
x x x x
Section 5. How appeal taken. — Appeal shall be taken by filing a verified petition for review in seven (7) legible copies with the Court of Appeals, with proof of service of a copy thereof on the adverse party and on the court or agency a quo. The original copy of the petition intended for the Court of Appeals shall be indicated as such by the petitioner.
Upon the filing of the petition, the petitioner shall pay to the clerk of court of the Court of Appeals the docketing and other lawful fees and deposit the sum of P500.00 for costs. Exemption from payment of docketing and other lawful fees and the deposit for costs may be granted by the Court of Appeals upon a verified motion setting forth valid grounds therefor. If the Court of Appeals denies the motion, the petitioner shall pay the docketing and other lawful fees and deposit for costs within fifteen (15) days from notice of the denial. (Emphasis supplied)
As provided by Rule 43 of the Rules of Court, the proper mode of appeal from the decision of a quasi-judicial agency, like the CSC, is a petition for review filed with the CA.Here, the CESB could have appealed the CSC Decision and Resolution to the CA via a petition for review under Rule 43. Hence, the filing of the instant Petition for Certiorari and Prohibition is improper regardless of the grounds invoked therein.
The special civil action of certiorari under Rule 65 of the Rules of Court may be resorted to only when any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess of its/his jurisdiction or with grave abuse of discretion amounting to tack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law.
In this case, petitioner clearly had the remedy of appeal provided by Rule 43 of the Rules of Court. Madrigal Transport, Inc. v. Lapanday Holdings Corporation held:
Where appeal is available to the aggrieved party, the action for certiorari will not be entertained. Remedies of appeal (including petitions for review) and certiorari are mutually exclusive, not alternative or successive. Hence, certiorari is not and cannot be a substitute for an appeal, especially if one's own negligence or error in one's choice of remedy occasioned such loss or lapse. One of the requisites of certiorari is that there be no available appeal or any plain, speedy and adequate remedy. Where an appeal is available, certiorari will not prosper, even if the ground therefor is grave abuse of discretion. (Emphasis and underscoring supplied)
SECTION 3. The Civil Service Commission, as the central personnel agency of the Government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability. It shall submit to the President and the Congress an annual report on its personnel programs. (Emphases supplied)The proceedings of the 1986 Constitutional Commission reveal the intention to emphasize the status of the CSC as the "central personnel agency of the Government with all powers and functions inherent in and incidental to human resources management."[50] As a matter of fact, the original proposed provision on the functions of the CSC reads:
Sec. 3. The Civil Service Commission, as the central personnel agency of the government, shall establish a career service, promulgate and enforce policies on personnel actions, classif[y] positions, prescribe conditions of employment except as to compensation and other monetary benefits which shall be provided by law, and exercise all powers and functions inherent in and incidental to human resources management, to promote morale, efficiency, and integrity in the Civil Service. It shall submit to the President and the Congress an annual report on its personnel programs, and perform such other functions as may be provided by law.[51] (Emphases supplied)Although the specific powers of the CSC are not enumerated in the final version of 1987 Constitution,[52] it is evident from the deliberations of the framers that the concept of a "central personnel agency" was considered all-encompassing. The concept was understood to be sufficiently broad as to include the authority to promulgate and enforce policies on personnel actions, to classify positions, and to exercise all powers and functions inherent in and incidental to human resources management:
MR. FOZ. Will the amendment reduce the powers and functions of the Civil Service as embodied in our original draft?In accordance with the foregoing deliberations, the mandate of the CSC should therefore be read as the comprehensive authority to perform all functions necessary to ensure the efficient administration of the entire civil service, including the CES.
MS. AQUINO: No. it will not. The proposed deletion of lines 35 to 40 of page 2 until line 1 of page 3 would not in any way minimize the powers of the Civil Service [Commission] because they are deemed implicitly included in the all-embracing definition and concept of "central personnel agency of the government." I believe that the lines we have mentioned are but redundant articulation of that same concept, unnecessary surplusage.
MR. FOZ. For instance, will the power or function to promulgate policies on personnel actions be encompassed by the Commissioner's amendment?
MS. AQUINO. It is not an amendment because I am retaining lines 33 to 35. I proposed an amendment after the words "career service." I am only doing away with unnecessary redundancy.
MR. FOZ. Can we say that all of the powers enumerated in the original provision are still being granted by the Civil Service Commission despite the elimination of the listing of these powers and functions?
MS. AQUINO. Yes, Mr. Presiding Officer, in the nature of a central personnel agency, it would have to necessarily execute all of these functions.
MR. FOZ. And will the elimination of all these specific functions be a source of ambiguity and controversies later on as to the extent of the powers and functions of the commission?
MS. AQUINO. I submit that this would not be susceptible of ambiguity because the concept of a central personnel agency is a generally accepted concept and as experience would bear out, this function is actually being carried out already by the Civil Service Commission, except that we are integrating this concept. I do not think that it would be susceptible of any ambiguity.
MR. REGALADO. Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. Treñas). Yes, Commissioner Regalado is recognized.
MR. REGALADO. This is more for clarification.
The original Section 3 states, among others, the functions of the Civil Service Commission - to promulgate and enforce policies on personnel actions. Will Commissioner Aquino kindly indicate to us the corresponding provisions and her proposed amendment which would encompass the powers to promulgate and enforce policies on personnel actions?
MS. AQUINO. It is my submission that the same functions are already subsumed under the concept of a central personnel agency.
MR. REGALADO. in other words, all those functions enumerated from line 35 on page 2 to line 1 of page 3 inclusive, are understood to be encompassed in the phrase "central personnel agency of the government."
MS. AQUINO. Yes, Mr. Presiding Officer, except that on line 40 of page 2 and line I of (he subsequent page, it was only subjected to a little modification.
MR. REGALADO. May we, therefore, make it of record that the phrase "... promulgate and enforce policies on personnel actions, classify positions, prescribe conditions of employment except as to compensation and other monetary benefits which shall be provided by law" is understood to be subsumed under and included in the concept of a central personnel agency.
MS. AQUINO. I would have no objection to that.[53] (Emphases and underscoring supplied)
SECTION 12. Powers and Functions.—The Commission shall have the following powers and functions:It is evident from the foregoing constitutional and statutory provisions that the CSC, as the central personnel agency of the government, has been granted the broad authority and the specific powers to pass upon ail civil service matters. The question before the Court today is whether this broad authority encompasses matters pertaining to the CES and are, as such, recognized to be within the jurisdiction of the CESB.
(1) Administer and enforce the constitutional and statutory provisions on the merit system for all levels and ranks in the Civil Service;
(2) Prescribe, amend and enforce rules and regulations for carrying into effect the provisions of the Civil Service Law and other pertinent laws;
(3) Promulgate policies, standards and guidelines for the Civil Service and adopt plans and programs to promote economical, efficient and effective personnel administration in the government;
(4) Formulate policies and regulations for the administration, maintenance and implementation of position classification and compensation and set standards for the establishment, allocation and reallocation of pay scales, classes and positions;
(5) Render opinion and rulings on ail 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;
x x x x
(11) Hear and decide administrative cases instituted by or brought before it directly or on appeal, including contested appointments, and review decisions and actions of its offices and of the agencies attached to it. Officials and employees who fail to comply with such decisions, orders, or rulings shall be liable for contempt of the Commission. Its decisions, orders, or rulings shall be final and executory. Such decisions, orders, or rulings may be brought to the Supreme Court on certiorari by the aggrieved party within thirty (30) days from receipt of a copy thereof;
x x x x
(14) Take appropriate action on all appointments and other personnel matters in the Civil Service including extension of Service beyond retirement age;
x x x x
(19) Perform all functions properly belonging to a central personnel agency and such other functions as may be provided by law.
To promulgate standards, rules and procedures regarding the selection, classification, compensation and career development of members of the Career Executive Service, a Board is proposed to be established. The Board shall be composed of high-level officials to provide a government-wide view and to ensure effective support for the establishment and development of a corps of highly competent, professional administrators.[57]The plan was referred to a presidential commission for review, but Martial Law was declared before the proposal could be acted upon. Four days after the declaration of Martial Law, however, the Integrated Reorganization Plan was approved by former President Marcos through Presidential Decree No. 1.[58] This approved plan included the creation of the CES and the CESB.
SECTION 12. Powers and Functions.-The Commission shall have the following powers and functions:Since the CESB is an attached agency of the CSC,[72] the former's decisions are expressly subject to the CSC's review on appeal.(11) Hear and decide administrative cases instituted by or brought before it directly or on appeal, including contested appointments, and review decisions and actions of its offices and of the agencies attached to it. Officials and employees who fail to comply with such decisions, orders, or rulings shall be liable for contempt of the Commission. Its decisions, orders, or rulings shall be final and executory. Such decisions, orders, or rulings may be brought to the Supreme Court on certiorari by the aggrieved party within thirty (30) days from receipt of a copy thereof;
In our view, the foregoing rule on appeals to the Office of the President only covers disciplinary cases involving members of the CES. It is evident that this special rule was created for that particular type of case, because members of the CES are all presidential appointees. Given that the power to appoint generally carries with it the power to discipline,[74] it is only reasonable for the president to be given the ultimate authority to discipline presidential appointees. But this special rule cannot apply to the matter at hand, because CESB Resolution No. 918 did not involve a disciplinary case. Since it was clearly outside the scope of the foregoing provision, the Resolution did not come within the jurisdiction of the Office of the President. It was therefore correctly appealed to the CSC.
5. The Board shall promulgate rules, standards and procedures on the selection, classification, compensation and career development of members of the Career Executive Service. The Board shall set up the organization and operation of the Service in accordance with the following guidelines: x x x x h. Discipline. Investigation and adjudication of administrative complaints against members of the Career Executive Service shall be governed by Article VI, Chapter II and Paragraph 1 (d) of Article II, Chapter III of this Part; provided that appeals shall be made to the Career Executive Service Board instead of the Civil Service Commission. Administrative cases involving members of the Service on assignment with the Board shall be investigated and adjudicated by the Board with the right to appeal to the Office of the President. (Emphasis supplied)
SEC. 5. Section 16, Chapter 5, Title III. Book IV of Executive Order No. 292, as amended, is hereby further amended to read as follows:At the time of the enactment of R.A. 9406, the qualifications of officials of the NPS, to which the foregoing provision referred, were provided by Section 3 of P.D. 1275:SEC. 16. The Chief Public Attorney and Other PAO Officials. - The PAO shall be headed by a Chief Public Attorney and shall be assisted by two (2) Deputy Chief Public Attorneys. Each PAO Regional Office established in each of the administrative regions of the country shall be headed by a Regional Public Attorney who shall be assisted by an Assistant Regional Public Attorney. The authority and responsibility for the exercise of the mandate of the PAO and for the discharge of its powers and functions shall be vested in the Chief Public Attorney.
x x x x
The Chief Public Attorney shall have the same qualifications for appointment, rank, salaries, allowances, and retirement privileges as those of the Chief State Prosecutor of the National Prosecution Service. The Deputy Chief Public Attorneys shall have the same qualifications for appointment, rank, salaries, allowances, and retirement privileges as those of the Assistant Chief State Prosecutor of the National Prosecution Service.
x x x x
The Regional Public Attorney and the Assistant Regional Public Attorney shall have the same qualifications for appointment, rank, salaries, allowances, and retirement privileges as those of a Regional State Prosecutor and the Assistant Regional State Prosecutor of the National Prosecution Service respectively.
Section 3. Prosecution Staff; Organization, Qualifications, Appointment. The Prosecution Staff shall be composed of prosecuting officers in such number as hereinbelow determined. It shall be headed by a Chief State Prosecutor who shall be assisted by three Assistants Chief State Prosecutors.Soon after, R.A. 10071 or the Prosecution Service Act of 2010[78] was passed. In updating the qualifications for senior positions in the NPS, Congress again opted to refer to another set of positions, this time in the judiciary:
The Chief State Prosecutor, the three Assistants Chief State Prosecutors; and the members of the Prosecution Staff shall be selected from among qualified and professionally trained members of the legal profession who are of proven integrity and competence and have been in the actual practice of the legal profession for at least five (5) years prior to their appointment or have held during like period, any position requiring the qualifications of a lawyer. (Emphases supplied)
SECTION 14. Qualifications, Rank and Appointment of the Prosecutor General. — The Prosecutor General shall have the same qualifications for appointment, rank, category, prerogatives, salary grade and salaries, allowances, emoluments and other privileges, shall be subject to the same inhibitions and disqualifications, and shall enjoy the same retirement and other benefits as those of the Presiding Justice of the Court of Appeals and shall be appointed by the President.A reading of B.P. 129 reveals, in turn, that the Presiding Justice and the Associate Justices of the Court of Appeals[79] are required to have the same qualifications as the members of this Court.[80] On the other hand, judges of the regional trial courts are governed by a separate provision.[81]
SECTION 15. Ranks of Prosecutors. — The Prosecutors in the National Prosecution Service shall have the following ranks:
Rank Position/Title Prosecutor V (1) Senior Deputy State Prosecutors; (2) Regional Prosecutors; and (3) Provincial Prosecutors or City Prosecutors of provinces or cities with at least twenty-five (25) prosecutors and City Prosecutors of cities within a metropolitan area established by law Prosecutor IV (1) Deputy State Prosecutors; (2) Deputy Regional Prosecutors (3) Provincial Prosecutors or City Prosecutors of provinces or cities with less than twenty-five (25) prosecutors; and (4) Deputy Provincial Prosecutors or Deputy City Prosecutors of provinces or cities with at least twenty-five (25) prosecutors; and Deputy City Prosecutors of cities within a metropolitan area established by law.
x x x x
SECTION 16. Qualifications, Ranks and Appointments of Prosecutors and Other Prosecution Officers. — Prosecutors with the rank of Prosecutor V shall have the same qualifications for appointment, rank, category, prerogatives, salary grade and salaries, allowances, emoluments and other privileges, shall be subject to the same inhibitions and disqualifications, and shall enjoy the same retirement and other benefits as those of an Associate Justice of the Court of Appeals.
Prosecutors with the rank of Prosecutor IV shall have the same qualifications for appointment, rank, category, prerogatives, salary grade and salaries, allowances, emoluments and other privileges, shall be subject to the same inhibitions and disqualifications, and shall enjoy the same retirement and other benefits as those of a Judge of the Regional Trial Court.
Senator Enrile. Well. I agree with the gentleman. As I said, we should equalize the prosecution and the defense. The PAO Office is actually an arm of the same government to protect those who need protection.During the bicameral conference on the proposed bill, Senator Franklin M. Drilon explained that equal treatment of the two offices was essential:
Senator Pimentel. That is right.
Senator Enrile. At the same time, the Prosecution Service is the arm of the government to punish those who would need punishment. So, these two perform the same class of service for the nation and they should be equalized.
Senator Pimentel. Yes, I totally agree with that, that is why precisely I made this observation that talking alone of starting pay, the level of starting pay of a PAO lawyer should not be lower than the starting pay of a prosecutor.
Now maybe at the proper time we can insert that amendment.
Senator Enrile. I will be glad to receive the proposed amendment.[84] (Emphases supplied)
SEN. DRILON. Yes, this is our amendment that the PAO chief should have the same salary as the Chief State Prosecutor and down the line, the Assistant Chief State Prosecutor, etcetera. And I want to put this on record because there are PAO lawyers here. There are PAO lawyers here before us and we want to explain why we have placed this.Although these statements were made to address the specific issue of salary, this Court considers them as manifestations of the intent to create and maintain parity between prosecutors and public attorneys. In Re: Vicente S.E. Veloso,[86] this Court considered similar provisions in other laws as confirmations of the legislative intent to grant equal treatment to certain classes of public officers:
x x x x
SEN. DRILON. All right. As I said - you know, I want to put on record why we had tried to streamline the salary structure and place it at the same level as the Chief State Prosecutor. Because we do not want a salary distortion in the Department of Justice where you have the PAO higher than the prosecutors. That's why we want to put them on equal footing rather than mag - you know, there'll be whipsawing. You place the prosecutors below the PAO. I can assure you that tomorrow the PAO will come to us - the prosecutors will come to us and say, "Put us higher than the PAO lawyers." So you will have whipsawing here.[85]
Nonetheless, there are existing laws which expressly require the qualifications for appointment, confer the rank, and grant the salaries, privileges, and benefits of members of the Judiciary on other public officers in the Executive Department, such as the following:To fulfill the legislative intent to accord equal treatment to senior officials of the PAO and the NPS, parity in their qualifications for appointment must be maintained. Accordingly, the revised qualifications of those in the NPS must also be considered applicable to those in the PAO. The declassification of positions in the NPS should thus benefit their counterpart positions in the PAO. There is no justification for treating the two offices differently, given the plain provisions and the rationale of the law.(a) the Solicitor General and Assistant Solicitor Generals of the Office of the Solicitor General (OSG); andThe intention of the above laws is to establish a parity in qualifications required, the rank conferred, and the salaries and benefits given to members of the Judiciary and the public officers covered by the said laws. The said laws seek to give equal treatment to the specific public officers in the executive department and the Judges and Justices who are covered by Batas Pambansa Blg. 129, as amended, and other relevant laws. In effect, these Saws recognize that public officers who are expressly identified in the laws by the special nature of their official functions render services which arc as important as the services rendered by the Judges and Justices. They acknowledge the respective roles of those public officers and of the members of the Judiciary in the promotion of justice and the proper functioning of our legal and judicial systems.
(b) the Chief Legal Counsel and the Assistant Chief Legal Counsel, the Chief State Prosecutor, and the members of the National Prosecution Service (NPS) in the Department of Justice.
| Very truly yours, |
FELIPA G. BORLONGAN-ANAMA | |
Clerk of Court | |
(SGD) | |
By: ANNA-LI R. PAPA-GOMBIO | |
Deputy Clerk of Court |
SEC. 6. New sections are hereby inserted in Chapter 5, Title III, Book IV of Executive Order No. 292, to read as follows:[9] Rollo, pp. 87-88; Letter dated 9 November 2010 sent by PAO Deputy Chief Public Attorney Silvestre A. Mosing to CESB Executive Director Maria Anthonette V. Allones.
"SEC. 16-A. Appointment. - The Chief Public Attorney and the Deputy Chief Public Attorneys shall be appointed by the President. The Deputy Chief Public Attorneys and Regional Public Attorneys shall be appointed by the President upon the recommendation of the Chief Public Attorney. The Chief Public Attorney, Deputy Chief Public Attorneys and Regional Public Attorneys shall not be removed or suspended, except for cause provided by law; Provided, That the Deputy Chief Public Attorneys, the Regional Public Attorneys and The Assistant Regional Public Attorneys, the Provincial Public Attorneys, the City Public Attorneys and Municipal District Public Attorney shall preferably have served as Public Attorneys for at least five (5) years immediately prior to their appointment as such. The administrative and support personnel and other lawyers in the Public Attorney's Office shall be appointed by the Chief Public Attorney, in accordance with civil service laws, rules, and regulations."
While there are instances where the extraordinary remedy of certiorari may be resorted to despite the availability of an appeal, the long line of decisions denying the special civil action for certiorari, cither before appeal was availed of or in instances where the appeal period had lapsed, far outnumbers the instances where certiorari was given due course. The few significant exceptions are: (a) when public welfare and the advancement of public policy dictate; (b) when the broader interests of justice so require; (c) when the writs issued are null; and (d) when the questioned order amounts to an oppressive exercise of judicial authority.[48] Id., Section 1(1).
SECTION 3. The Civil Service Commission, as the central personnel agency of the Government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability. It shall submit to the President and the Congress an annual report on its personnel programs.[53] I RECORD, CONSTITUTIONAL COMMISSION 592-593 (July 15, 1986).
SECTION 7. Career Service. — The Career Service shall be characterized by (1) entrance based on merit and fitness to be determined as far as practicable by competitive examination, or based on highly technical qualifications; (2) opportunity for advancement to higher career positions; and (3) security of tenure. The Career Service shall include:[66] Id., Section 8, states:
x x x x
(3) Positions in the Career Executive Service; namely. Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional Director, Assistant Regional Director, Chief of Department Service and other officers of equivalent rank as may be identified by the Career Executive Service Board, all of whom are appointed by the President;
SECTION 8. Classes of Positions in the Career Service. — (1) Classes of positions in the career service appointment to which requires examinations shall be grouped into three major levels as follows:[67] Petition, supra note 1, at 27-28, 34-35.
x x x x(c) The third-level shall cover positions in the Career Executive Service.
(2) Except as herein otherwise provided, entrance to the first two levels shall be through competitive examinations, which shall tie open to those inside and outside the service who meet the minimum qualification requirements. Entrance to a higher level does not require previous qualification in the lower level. Entrance to the third-level shall be prescribed by the Career Executive Service Board.
Section 7. Qualifications. The Presiding Justice and the Associate Justice shall have the same qualifications as those provided in Constitution for Justice of the Supreme Court.[80] Article VIII, Section 7 of the 1987 Constitution, provides:
SECTION 7. (1) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least forty years of age, and must have been for fifteen years or more a judge of a lower court or engaged in the practice of law in the Philippines.[81] Section 15 of B.P. 129 states:
(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.
(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.
Section 15. Qualifications. - No persons shall be appointed Regional Trial Judge unless he is a natural-born citizen of the Philippines, at least thirty-five years of age, and for at least ten years, has been engaged in the practice of law in the Philippines or has held a public office in the Philippines requiring admission to the practice of law as an indispensable requisite.[82] In Juliano v. Subido, (159 Phil. 534 [1975]), the Court explained:
As was pointed out by petitioners, in the absence of a statute enabling respondent Commissioner of Civil Service to require as a condition for eligibility to such position at least four years of trial work at a court of first instance level, then his actuation calls for nullification. It is undoubted that respondent Commissioner of Civil Service could not locate the source of such authority in the Constitution. In its absence, he must look to an enactment of the Congress of the Philippines. There is none. x x x.[83] See Gonzales III v. Office of the President of the Philippines, 725 Phil. 380 (2014).
[I]t is incumbent upon an applicant for a writ of certiorari to allege with certainty in his verified petition facts showing that "there is no appeal, nor any plain, speedy and adequate remedy in the ordinary course of law," because this is an indispensable ingredient of a valid petition for certiorari. "Being a special civil action, petitioner-appellant must allege and prove that he has no other speedy and adequate remedy." Where the existence of a remedy by appeal or some other plain, speedy and adequate remedy precludes the granting of the writ, the petitioner must allege facts showing that any existing remedy is impossible or unavailing, or that excuse petitioner for not having availed himself of such remedy. A petition for certiorari which does not comply with the requirements of the rules may be dismissed.[2] (Bold underscoring is supplied for emphasis)The phrase no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law in Section 1 and Section 2 of Rule 65 simply means that the appeal or other remedy available in the ordinary course of law is not equally beneficial, speedy and adequate. The appropriate remedy should not be merely one that at some time in the future will bring about a revival of the judgment complained of in the certiorari proceeding, but one that will promptly relieve the petitioner from the injurious effects of that judgment and the acts of the inferior court or tribunal concerned.[3]
Section 1. Scope. — This Rule shall apply to appeals from judgments or final orders of the Court of Tax Appeals and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions. Among these agencies are the Civil Service Commission, Central Board of Assessment Appeals, Securities and Exchange Commission, Office of the President, Land Registration Authority, Social Security Commission, Civil Aeronautics Board, Bureau of Patents, Trademarks and Technology Transfer, National Electrification Administration, Energy Regulatory Board, National Telecommunications Commission, Department of Agrarian Reform under Republic Act No. 6657, Government Service Insurance System, Employees Compensation Commission, Agricultural Inventions Board, Insurance Commission, Philippine Atomic Energy Commission, Board of Investments, Construction Industry Arbitration Commission, and voluntary arbitrators authorized by law. (n)The assailed decision of the CSC was not within the purview of the coverage of Section 1, supra, because it was not in the category of the "awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions" that were reviewable under Rule 43. It related to the CSC's determination of the strictly legal question of which between the petitioner and CSC had jurisdiction over the question in dispute. The awards, judgments, final orders or resolutions of the CSC reviewable under Rule 43 concern actions and disciplinary measures by or against civil service officers and employees. Consequently, the assailed decision of the CSC could be challenged by petition for certiorari and prohibition provided the requisites for the challenge were properly alleged and duly established.
Section 3. Where to appeal. — An appeal under this Rule may be taken to the Court of Appeals within the period and in the manner herein provided, whether the appeal involves questions of fact, of law, or mixed questions of fact and law. (n)[7] Supra note 1.