Press Release
January 24, 2008

APPOINTMENTS OF UNQUALIFIED GOVT EXECS SHOULD BE WITHDRAWN

The appointments of government officials occupying career positions should be withdrawn or revoked if they fail to comply with civil service eligibility requirements under the law and if there are qualified people who can replace them.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