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[A.M. No. 02-1-09-SC-PHILJA.February 5, 2002]
RE:PROPOSED APPOINTMENTS OF ATTYS. PANGANIBAN, CABRERA, CARI�O AND PAGADUAN IN PHILJA
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated FEB 5 2002.
A.M. No. 02-1-09-SC-PHILJA(Re:Proposed Appointments of Attys. Jose Benjamin M. Panganiban, Cristina M. Cabrera, Orlando B. Cari�o and Zenaida C. Pagaduan as Co-terminous in the Office of the PHILJA.)
In her letter dated 8 January 2002, Mme. Justice Ameurfina M. Herrera, Chancellor, Philippine Judicial Academy (PHILJA) recommends the coterminous appointments of:
1. Atty. Jose Benjamin M. Panganiban as Chief Judicial Staff Officer (SG 25) in the Office of the PHILJA Chancellor;
2. Atty. Ma. Cristina M. Cabrera as Executive Assistant V (SG 24) in the Office of the PHILJA Chancellor, vice Atty. Panganiban;
3. Atty. Orlando B. Cari�o as Supervising Judicial Staff Officer (SG 23) in the Office of the PHILJA Vice-Chancellor; and
4. Atty. Zenaida C. Pagaduan as Judicial Staff Officer VI (SG 22) in the Office of the PHILJA Executive Secretary.
In her Memorandum of 14 January 2002, Atty. Eden T. Candelaria, Deputy Clerk of Court and Chief Adminstrative Officer of the Court, to whom the letter was referred for comment and recommendation, opines as follows:
We see no legal impediment for the appointment of Atty. Jose Benjamin Panganiban as Chief Judicial Staff Officer (SG 25) as well as the appointment of Atty. Ma. Cristina M. Cabrera as Executive Assistant V (SG 24) when the latter position is vacated by Atty. Panganiban.Both are qualified for the positions to which they are recommended.
However, as to Attys. Cari�o and Pagaduan, records of this Office show that both are retired regular employees of this Court who are already 65 years old and over.In connection with their proposed appointments, it is imperative to mention the following:
Under two issuances of the Civil Service Commission (CSC), it is provided that no person who is 65 years old or more may be appointed to any position in the government.
The pertinent portion of CSC Memorandum Circular No. 42 dated 12 December 1991, provides:
"b. Except for civil service eligibility requirement, appointees to confidential/personal staff and other positions in the non-career service must meet the requirements of the position involved.Neither shall appointments be allowed in favor of persons 65 years old or over, even in coterminous positions;" (underlined supplied)
The said prohibition has been reiterated in CSC Memorandum Circular No. 37 dated 16 September 1992, which in part provides:
"1. The mandatory retirement age of 65 applies to all officials and employees in the government xxxx.All other employees, including the personal and confidential staff of the above mentioned officials are subject to this requirement.Thus, no person who has reached the compulsory retirement age of 65 can be appointed to any of these positions.xxxxx;" (underline supplied)
However, in the Resolution of this Court dated 25 March 1993, certain coterminous employees have been exempted by the Court from the aforesaid CSC prohibition.The penultimate paragraph of the said Court Resolution reads:
"ACCORDINGLY, The Court hereby EXEMPTS from the operation of Memorandum Circular No. 42, s. 1991, and Memorandum Circular No. 37, s. 1992, of the Civil Service Commission all the members of the co-terminous staffs of the Chief Justice and Associate Justices of the Supreme Court, the Chairmen and Members of the Presidential Electoral, as well as the Presiding Justice and Associate Justices of the Court of Appeals and the Sandiganbayan.This Resolution is immediately executory."
Under Section 6 of RA 557, the law creating the Philippine Judicial Academy, the Chancellor shall have the compensation and privileges of an Associate Justice of the Supreme Court while the Vice-Chancellor shall have the compensation and privileges of an Associate Justice of the Court of Appeals.As regards the PHILJA Executive Secretary, the law provides that he/she shall have the same requisite qualification and the same compensation of a Regional Trial Court Judge.
If a liberal interpretation of the aforequoted is to be applied, the co-terminous staff of the PHILJA Chancellor and the PHILJA Vice-Chancellor could be regarded as included in the exemption as the PHILJA Chancellor and PHILJA Vice-Chancellor enjoy the same privileges of an Associate Justice of the Supreme Court and the Court of Appeals, respectively.However, the matter should be referred to the Court for resolution as to whether or not the coterminous staffs of the said PHILJA officials are also exempted from the subject CSC prohibition.
Atty. Candelaria then recommends that:
1. the proposed appointments of Attys. Panganiban and Cabrera be approved;
2. a clarification by way of a Resolution be issued by the Court on whether or not the coterminous staff of the PHILJA Chancellor and Vice-Chancellor as well as of the other Court officials who have the rank, salary and privileges of a Justice of the Supreme Court and Court of Appeals, may be considered included in the exemption provided for in the Resolution dated 25 March 1993;
3. pending such clarification, action on the proposed appointment of Atty. Cari�o be deferred; and
4. the proposed appointment of Atty. Pagaduan be denied pursuant to CSC MC No. 42, 1991 and CSC MC No. 37, s. 1992.
After due deliberation on the recommendation of Mme. Justice Ameurfina M. Herrera and the observation and recommendation of Atty. Eden T. Candelaria, Chief Administrative Officer, the Court hereby:
(a) APPROVES the coterminous appointments of Atty. Jose Benjamin M. Panganiban as Chief Judicial Staff Officer (SG 25) in the Office of the Chancellor; and Atty. Ma. Cristina M. Cabrera as Executive Assistant V (SG 24) in the Office of the PHILJA Chancellor, vice Atty. Jose Benjamin M. Panganiban;
(b) DISAPPROVES the appointment of Atty. Zenaida C. Pagaduan as Judicial Staff Officer VI (SG 22) in the Office of the PHILJA Executive Secretary, pursuant to CSC MC No. 42, s 1991 and CSC MC No. 37, s 1992; and
(c) DECLARES that the exemption provided for in the Resolution of 25 March 1993 applies only to the coterminous appointments specifically mentioned therein, hence the coterminous staff of the PHILJA Chancellor and the Vice-Chancellor and of other Court officials who have the rank, salary and privileges of a Justice of the Supreme Court and the Court of Appeals are excluded from such exemption.Accordingly, the appointment of Atty. Orlando B. Cari�o as Supervising Judicial Staff Officer (SG 23) in the Office of the PHILJA Vice-Chancellor is DISAPPROVED.(Quisumbing and Carpio, JJ., are abroad on official business)
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
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