ADIONG, Jose Percival L.
Re: PNP/BFP/BJMP Eligibity:
      Motion for Reconsideration
      (CSC Res. 965487)
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RESOLUTION NO. 973475

 

            Commissioner Jose Percival L. Adiong, Vice-Chairman/Executive Officer of the National Police Commission (NAPOLCOM), moves for the reconsideration of CSC Resolution No. 965487 in the light of provisions of Sections 32 and 38 of Republic Act No. 6975, or the "Department of the Interior and Local Government Act of 1990."

            Commissioner Adiong represents as follows:

            "It is conceded that it is within the jurisdiction of the Civil Service Commission to promulgate rules and policies that will govern the appointment of officials and employees in the civil service, it being the central personnel agency of the Government. However, authority to administer police examinations and confer eligibility on the police service should be respected and given due course and effect.

            "In hindsight, it is to be stressed that under RA 6040 approved on August 4, 1969, it is mandated that ‘The Police Commission shall give the appropriate examinations for officers and members of the local police forces. xxx’ This vital function of the Commission was reiterated under Presidential Degree No. 1 (Reorganizing the Executive Branch of the National Government). Thenceforth, this agency had regularly administered police examinations corresponding to the different ranks in the police service, including the fire and jail.

            "With the enactment of RA 6975, otherwise known as the ‘Department of the Interior and Local Government Act of 1990,’ the members of Congress, in the interest of public service, modified and revised this administrative personnel action function. Under Section 32 of the law, the Civil Service Commission was mandated the function of administering the qualifying entrance examination for policemen on the basis of the standards set by NAPOLCOM. Or in fine, the task given to the Civil Service Commission was the administration of the police examination for the entry rank of Police Officer I. With this injunction, the issue foremost is – which agency of Government is assigned the responsibility of administering he promotional examination for members of the PNP for purposes of securing the appropriate police eligibilities for promotion? Section 38 of the same law provides the answer, thus:

            ‘(a) A member of the PNP shall not be eligible for promotion to a higher position of rank unless he has successfully passed the corresponding promotional examination given by Commission, or the Bar or corresponding board examinations for technical services and other professions, x x x’ (Underlining Ours)

            "A cursory perusal of the aforequoted provision will readily show that it is the promotional police examination administered by the Commission, among others, which would entitle a police officer the appropriate eligibility for promotion, and not the CSC Police Officer Entrance Examination as the latter is only appropriate for the entry Police Officer I. In this regard, it is well to state that this Commission after the effectivity of RA No. 6975 administers four (4) levels of police examinations corresponding to specific ranks in the PNP, to wit: x x x."

            "Accordingly, the provision of Item 3 of CSC Resolution No. 96-5487 that passing the CSC Police Officer Entrance Examination is appropriate for Police Officer and Senior Police Officer positions in the PNP is misleading, for as earlier adverted to, the same is appropriate only to the initial rank of Police Officer I. Clearly, therefore, this provision of the CSC Resolution is contrary to the explicit mandate of this Commission under Section 38, RA No. 6975. It will render nugatory the eligibility arising from promotional examinations administered by this agency.

            "The aforementioned Resolution, further decreed that eligibilities obtained from this Commission and which by virtue of CSC Memorandum Circular No. 7, s. 1986 and CSC Resolution No. 93-3310 are recognized equivalent civil service eligibilities to comparable level of positions in occupational groups, including appointments to first level positions in government, are no longer to be considered as civil service eligibilities for purposes of appointment or promotion, excepting those earlier mentioned who shall continue to enjoy their security of tenure. It is the submission of this Commission that such unilateral action on the part of the Civil Service Commission is devoid of legal and equitable grounds.

            "The Civil Service Commission by its own voluntary accord had declared and adopted as its policy to recognize the eligibilities granted by this Commission to those who passed the police examinations given by its as equivalent civil service eligibilities. Because of such unequivocal declaration, many individuals purposely took the NAPOLCOM police examinations by complying with the stringent requirements with the expectation that they will be eligible of appointment not only to the police service but also to other positions in the government service, if and when they will hurdle the same. By intensive preparation, they passed the police examination, and concomitantly, by virtue of CSC policy became CSC eligibles. Since these eligibilities (Police eligibility and CSC equivalent eligibility) were obtained after compliance with certain government regulations and conditions, it is posited that a holder of CSC equivalent eligibility has acquired a vested right to the same, which could not be withdrawn or revoked without violating the Constitutional prescription of due process. x x x

            "In light of all the foregoing, this Commission, in the interest of the police service, seeks the further amendment of CSC Resolution No. 96-5487 by further clarifying item 3 thereof consistent with the observation herein made and, by declaring that equivalent eligibilities secured by virtue of CSC Memorandum Circular No. 7, s. 1986 and CSC Resolution No. 93-3310 shall continue to be recognized as such.

            After a careful evaluation of the request vis--vis its ruling under the subject Resolution, the Commission is inclined to allow in the meantime a selective reconsideration of CSC Resolution No. 96-5487 in deference to the organizational needs of the Agency and to generate equitable treatment of affected personnel. Moreover, at the recently held Summit Conference on PNP Personnel Concerns, top-level NAPOLCOM and PNP official strongly represented the continued recognition of NAPOLCOM eligibility in view of the ongoing mass rank adjustment and regular promotion of PNP personnel. It was represented that CSC Resolution No. 96-5487 generates the following repercussions:

    1. Misplacement of otherwise deserving officers and non-officers on respective Senior Lineal Rosters as only those on permanent status can be considered for higher hierarchical rungs;
    2. Organizational distortion as technical personnel with RA 1080 eligibilities like doctors, nurses, and engineers would be given priority promotions over line personnel like provincial, city, municipal and station commanders who only have NAPOLCOM eligibilities; and
    3. Non-entitlement to retirement pay on the next higher grade of officers and non-officers upon mandatory retirement as the PNP Law specifies that such retirees should have served for at least one year of active service in the permanent grade.

            WHEREFORE, the Commission hereby allows the continued recognition of NAPOLCOM eligibilities for purposes of promotion but only until December 31, 1997. Henceforth, CSC Resolution No. 96-5487 shall be strictly implemented.

            The Commission further RESOLVES that this Resolution shall likewise apply to the Bureau of Fire Protection and the Bureau of Jail Management and Penology.

            Quezon City, AUG 05 1997



(SGD.)
CORAZON ALMA G. DE LEON
Chairman
(SGD.)
THELMA P. GAMINDE
Commissioner
(SGD.)
JOSE F. ERESTAIN, JR.
Commissioner
Attested by:


(SGD.)
CARMENCITA GISELLE E.B. BRINGAS
Board Secretary VI


rdo/ABS/aml/elig/d-1