This case has been cited 6 times or more.
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2011-01-18 |
MENDOZA, J. |
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| The issue is not novel. In Office of the Ombudsman v. Civil Service Commission cases, [4] Home Insurance Guarantee Corporation v. Civil Service Commission [5] and National Transmission Corporation v. Hamoy, [6] the Court has consistently ruled that the CES covers presidential appointees only. Corollarily, as the position of Department Manager II of the PEZA does not require appointment by the President of the Philippines, it does not fall under the CES. | |||||
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2010-11-23 |
MENDOZA, J. |
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| Following the ruling in Office of the Ombudsman v. Civil Service Commission cases[50] and Home Insurance Guarantee Corporation v. Civil Service Commission,[51] the Court is of the position that the CES covers presidential appointees only. Corollarily, as the position of Assistant Department Manager II does not require appointment by the President of the Philippines, it does not fall under the CES. Therefore, the temporary appointments of Sarsonas and Ortega as Assistant Department Manager II do not require third level eligibility pursuant to the Civil Service Law, rules and regulations. | |||||
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2010-02-26 |
ABAD, J. |
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| Justice Conchita Carpio Morales, who dissents from the Court's opinion, cite in support of Justice Carpio's position the 2007 identically titled case of Office of the Ombudsman v. Civil Service Commission.[4] In that case, the Office of the Ombudsman sought the CSC's approval of its amended qualification standards for a Director II position. The amendment reduced the requirement from CSEE or CES eligibility to that of Career Service Professional or other relevant eligibility for second level position, invoking the Court of Appeals ruling in Inok v. Civil Service Commission[5] that the letter and intent of the law is to restrict the CES eligibility to CES positions in the Executive Department. The CES governed by the CES Board, it was claimed, did not cover the Office of the Ombudsman. But the CSC disapproved the amendment, saying that the CES covered the Director II position being a third level position. | |||||
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2010-02-26 |
ABAD, J. |
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| Second, under the rules of evidence, a party's silence only amounts to admission when he is accused of some wrongdoing that naturally calls for comment if not true.[11] Here, Justice Carpio censured Atty. Candelaria solely for something she failed to tell the CSC Assistant Commissioner at that meeting and she commented on this, defending her omission. The censure did not call for her to defend the meeting itself or disclose its other details. Consequently, it would not be fair to infer that Atty. Candelaria had chosen to be "eerily silent" regarding those other details. | |||||
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2009-04-02 |
TINGA, J. |
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| (a) The first level shall include clerical, trades, crafts and custodial service positions which involve non-professional or sub-professional work in a non-supervisory or supervisory capacity requiring less than four years of collegiate studies; (b) The second level shall include professional, technical, and scientific positions which involve professional, technical or scientific work in a non-supervisory or supervisory capacity requiring at least four years of college work up to Division Chief levels; and (c) The third level shall cover positions in the Career Executive Service.[31] Positions in the CES under the Administrative Code include those of Undersecretary, Assistant Secretary, 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.[32] Simply put, third-level positions in the Civil Service are only those belonging to the Career Executive Service, or those appointed by the President of the Philippines. This was the same ruling handed down by the Court in Office of the Ombudsman v. Civil Service Commission,[33] wherein the Court declared that the CES covers presidential appointees only. | |||||
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2009-04-02 |
TINGA, J. |
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| Under the Constitution, the Ombudsman is the appointing authority for all officials and employees of the Office of the Ombudsman, except the Deputy Ombudsmen. Thus, a person occupying the Position of Director II in the Central Administrative Service or Finance and Management Service of the Office of the Ombudsman is appointed by the Ombudsman, not by the President. As such, he is neither embraced in the CES nor does he need to possess CES eligibility.[34] | |||||