PHILIPPINES: APPOINTMENTS OF UNQUALIFIED GOVT EXECS SHOULD BE WITHDRAWN

The appointments of government officials occupying
career positions should be withdrawn or revoked if
they fail to comply with civil service eligibility
requirements under the law and if there are qualified
people who can replace them.

This was emphasized by Minority Leader Aquilino Q.
Pimentel, Jr. (PDP-Laban) today in reaction to the
revelation of outgoing Civil Service Commission
Chairman Karina Constantino-David that about 50
percent of some 3,500 appointees of President Gloria
Macapagal-Arroyo occupying executive or managerial
positions have no civil service eligibility.

“The rule of law should impel GMA to recall or
terminate these appointments,” Pimentel said.

Under the Civil Service Law, the President can make
appointments to career positions, like assistant
secretary, bureau director and regional director, even
if the appointees do not have career executive service
officer’s liability but these are good only for one
year.

David said the appointment of unqualified people to
managerial positions is unfair to about 4,000 persons
with CESO eligibility, most of whom are already
employed in the government who are waiting to be
promoted to higher posts.

“I have no reason to doubt that David’s expose is
factual,” Pimentel said.

On the possible liability of the President for her
propensity for appointing people who fall short of
qualifications, including retired military or police
officers, to career executive positions, Pimentel said
Mrs. Arroyo may evade liability due to her immunity
from suit.

However, he said subordinate officials may be sued or
made respondents in case aggrieved parties or those
who felt unjustly left out in the appointment file
formal complaint with the courts.

Pimentel said the abuse of presidential discretion in
appointing officials to career positions can be
corrected by tightening the rules. He said this can be
done by the enactment of a new Civil Service Code by
Congress. He is the author of Senate Bill No. 1162 –
the proposed Civil Service Code.
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