PAO questions SC ruling on DDB official

THE Public Attorney’s Office (PAO) is questioning a ruling made by the Supreme Court which affirmed the dismissal of a career officer of the Dangerous Drugs Board (DDB) for her failure to complete her eligibility procedures.

PAO chief Persida Rueda-Acosta warned the Supreme Court ruling may jeopardize more than 4,000 Career Service Executives (CSEs) in the government who stand to lose their security of tenure if the decision of the Supreme Court First Division under Associate Justice Alfredo Benjamin Caguioa would become executory.

She expressed full confidence their plea for the justices to sit en banc to resolve the issue will be considered.

“There is a constitutional issue here so we hope our honorable justices will sit en banc to resolve this very vital matter, otherwise, more than 4,000 CSEs might lose their security of tenure as they could be asked to resign en masse due to this ruling,” Rueda-Acosta said.

The PAO chief was referring to the Jan. 22, 2020 ruling of the First Division which declared the termination of Maria Belen Angelita Matibag as DDB’s deputy executive director for operations on March 2, 2011 as valid.

Caguioa ruled Matibag only possessed the Civil Service Executive Eligibility but she failed to prove she had completed the last two stages of the examination process — written exam and board interview — under a resolution of the Career Executive Service Board (CESB).

“Given this, she was not CSE eligible at the time she held the DDB position and did not enjoy the security of tenure. Her appointment was temporary,” the ruling said.

On the contrary, Rueda-Acosta said Matibag was conferred eligibility by the Civil Service Commission and that qualified her under the provision of the Constitution on “merit and fitness.”

“She could not be removed or dismissed from the service without just cause and without observing the requirements of due process,” Rueda-Acosta said.

“With due respect, contrary to the ruling, the CESB cannot, in any way, overrule and divest the Civil Service Commission of its constitutional and legal mandate. It is worthy to reiterate that the CESB is merely a body created by law to govern the Career Executive Service,” the PAO chief said.