Noy leaves PAO chief's fate to DOJ - Malacañang

MANILA, Philippines - President Aquino is keeping his hands off the controversy over the civil service eligibility of Public Attorney’s Office (PAO) chief Persida Rueda-Acosta, and there is no plot to get back at her for freeing the killers of the President’s father, Malacañang said yesterday.

Meanwhile, Justice Secretary Leila de Lima expressed the belief that there is a need to clarify the Civil Service Commission (CSC)’s position on Acosta’s status following the conflicting opinions of some of its commissioners and officials of the Career Executive Service (CES) Board that were submitted to the department.

“It was the Career Executive Service Board which requested for a Department of Justice opinion. It would be up to the DOJ to resolve the issue, just like what President Aquino did,” deputy presidential spokesperson Abigail Valte told government-run radio station dzRB.

Valte said Aquino is leaving Acosta’s fate to her direct boss, De Lima. PAO is an attached agency of the DOJ.

“There’s no plot to remove Attorney Acosta,” said Valte, dismissing insinuations that the President resented Acosta for working for the release of the convicted killers of former Sen. Benigno Aquino Jr.

Aquino had observed that Acosta’s defense of her eligibility - as he read it from the newspapers - was off tangent, as it did not directly shed light on her capability to lead the agency, but only confused the matter even more.

The President did not answer the query with regard to Acosta’s claim that he was merely getting back at her because she was instrumental in releasing the convicted soldiers who participated in the murder of his father.

CSC: Acosta need not take exam

Acosta declared over the weekend that she harbors no grudges against anyone, including the President, following a perceived orchestrated move to oust her from office.

The CSC earlier said that Acosta and her deputies need not take the examination to keep their posts.

After ordering a review of the provisions of Republic Act 9406 or the Act reorganizing and strengthening the PAO, CSC Chairman Francisco Duque III said Acosta does not have a term of office and cannot be ousted without cause.

“Section 16 (of the law) states that the Chief Public Attorney shall have the same qualifications for appointment, rank, salaries, allowances and retirement privileges as of the Chief State Prosecutor of the National Prosecution Service (NPS),” Duque said, noting that according to the same provisions, they “shall not be removed or suspended except for cause provided by law.”

He said Section 16-C further provides that incumbent officials and personnel of the Public Attorney’s Office shall continue holding their positions “without the need of new appointment,” which is why Acosta has been PAO chief since Feb. 19, 2001.

Duque, however, said the position of the CES Board is entirely wrong because technically, the position of PAO chief is a third level position since it was not declassified like the chief state prosecutor or prosecutor general under RA 10071, the Act strengthening and rationalizing the NPS.

“But what will prevail is what is contained in the law and the law speaks of no CES qualification for the PAO chief and her deputies,” he said.

Duque said Acosta has not officially sought the CSC’s legal opinion on the matter but the issue will nevertheless be brought before the commissioners so that they can come out with a position.

He said it is now up to the DOJ to rebut the CSC’s position.

Conflicting positions

De Lima, however, said there is nothing personal in the recent controversy on Acosta’s eligibility. It just so happened that the chief public attorney’s position is among those determined by the DOJ as requiring CES eligibility.

“In our opinion, we’re not saying that we want her replaced. That’s not the issue at all. The issue there is eligibility. So it’s purely a legal issue,” she said.

“There are conflicting media pronouncements of Attorney (Tonette) Allones, CES Board executive director, who was interviewed by a major network and CSC Commissioner (Cesar) Buenaflor, whose position is being reported to media by Acosta. CES Board and CSC should clarify their official position through a written issuance for my guidance,” De Lima said in a phone interview yesterday.

Allones believes that Acosta and other top PAO officials are not qualified for their posts, which require CES eligibility. Her position was upheld by the DOJ in a recent legal opinion signed by Chief State Counsel Ricardo Paras III.

Buenaflor, on the other hand, disagreed and believes that the PAO posts are permanent and therefore not covered by CES requirement,

“I need to see something written from CSC or CES Board. It has to be an official position or ruling from them and not just a mere say-so of chief Acosta and/or a CSC official or officials,” Allones said.

Duque had also reportedly said that Acosta’s years of experience in the practice of law “should be enough to give her security of tenure” but stressed that the applicable law should be reviewed just to be sure.

For Acosta, the opinion of CSC officials already settled the controversy.

“They already said we are permanent in our posts. According to Executive Order 292, the CSC opinion regarding qualification and personnel matters is binding to all agencies and departments,” Acosta told The STAR.

She said they will send De Lima the official stand of the commission “to once and for all end this controversy.”

“It has not come to my mind that the secretary will issue any ruling contrary to our charter and enabling laws and also the Constitution,” she replied, when asked if possible legal action before the Court of Appeals or other courts is an option for them.

Acosta insisted that she and her deputies are not covered by CES requirement under RA 9406 (the new law reorganizing PAO). She said her position has the same level with that of the presiding justice of the Court of Appeals and the same salary grade as that of the DOJ secretary.

In a legal opinion dated Jan. 3, the DOJ said Acosta’s appointment and those of the other PAO top officials “are without merit.”

“The positions of the Chief Public Attorney, Deputy Chief Public Attorney and Regional Public Attorneys are part of the CES. It is required by law that they should be CES eligible to become permanent appointees,” it said.

The DOJ suggested Acosta and her deputies take the Civil Service exam to get CES officer level.

But this runs smack against the CSC’s pronouncement.

“Pursuant to RA 9406, it is respectfully reiterated that the position of the Chief Public Attorney, Deputy Chief Public Attorneys and Regional Public Attorneys are considered permanent in nature. Hence, they enjoy security of tenure, contrary to the position advanced by Chief State Counsel Paras,” the CSC said.

Acosta has been the PAO chief for almost 10 years already. She finished law studies in Ateneo de Manila University and University of the East and placed fourth in the 1984 Bar exams. - With Edu Punay, Michael Punongbayan