Palace revokes EO promoting government lawyers

MANILA, Philippines - President Aquino has revoked Executive Order 883 which automatically gives lawyers occupying legal positions in government third level career executive official service (CESO III) rank.

Former President Gloria Macapagal-Arroyo issued the order last May 28.

Chief Presidential Legal Counsel Eduardo de Mesa said the order violated two existing laws – Executive Order 292 instituting the Administrative Code of 1987 and Presidential Decree No. 1 reorganizing the executive branch of government.

Under Executive Order 3 signed by Mr. Aquino and co-signed by Executive Secretary Paquito Ochoa Jr. on July 30, the President said the 1987 Constitution states that “appointments in the civil service shall be made only according to merit and fitness to be determined, as far as practicable, except to positions which are policy-determining, primarily confidential or highly technical, by competitive examination.”

EO 3 also cited the Integrated Re-Organizational Plan under Presidential Decree No. 1 that vested on the Career Executive Service Board the power “to promulgate rules, standards and procedures on the selection, classification, compensation and career development of members of the Career Executive Service.”

De Mesa said lawyers affected would oppose the order, but so far, no government lawyers had benefited from the EO, he added.

“We came out with this EO 3, along with other EOs issued thus far, after diligent study and proper consultations with various sectors to be affected by them.”

De Mesa said Arroyo might not have to be made answerable for EO 883 even if they deemed it illegal.

He said those who opposed EO 883 were lawyers in government who obtained “their CESO ranks through hard work.”

“It’s not easy to get a CESO rank, you have to take examination and then there’s also I think, 15-day or one month immersion requirements, and there’s an interview – it’s a long process.”

 ‘What about other EOs?’

Former president and now Pampanga Rep. Gloria Arroyo welcomed the revocation of her order, but asked whether Mr. Aquino would also revoke other EOs of other past presidents granting similar privileges.

Mrs. Arroyo’s spokesperson, Elena Bautista-Horn, also stressed EO 833 did not automatically confer the rank of CESO 3 to lawyers in government.

“We respect the powers of the sitting President to issue and revoke EOs,” Bautista-Horn said.

She said EO 833 initially grants CESO 3 to lawyers in government but appropriate rank would be determined by the appropriate agency and evaluated by the Career Executive Service Board, depending on various parameters like the position of the lawyer in the service, his or her academic honors, and his or her bar examination ratings.

Bautista-Horn pointed out that EO 400 of 1987 and EO 696 of 1981 granted graduates of masters in public safety administration and masters in national security administration the same CESO privileges.

“In the spirit of fairness, if President Aquino has revoked EO 833, is he also revoking prior EOs granting similar privileges?” she asked.