Re: Conversion of Non-Career to
RESOLUTION NO. 992668
Alexander P. Aguirre, National Security Adviser, National Security Council (NSC), Office of the President, request the Civil Service Commission that the existing eighty-nine (89) primarily confidential (coterrminous) positions in the NSC be declared as career positions.
Said request reads, in part, as follows:
"This refers to the declaration by the Civil Service Commission in August 1989 of positions in this office as primarily confidential in nature and co-terminous with the appointing authority (Annex `A`).
"It was in response to a request made by this office that - - given its mandate to promote the formulation and adoption of integrated and rationalized policies, programs and procedures vital to the security of the state - - the positions be declared primarily confidential to provide this office the flexibility to hire and separate personnel.. Consequently, CSC also ruled that all NSC employees would have to be considered co-terminous with the appointing authority, and thus, do not enjoy security of tenure.
"This has put our employees at a great disadvantage. Even as we have set a very high standard to our applicants and employees in terms of educational background and technical capabilities, they cannot even enjoy scholarship grants available to other government employees. Likewise, the NSC is put at an equal disadvantage because we cannot attract highly qualified applicants and a number of our competent employees have left for better opportunities particularly offers that provide security of tenure.
"In this connection, may we request that eighty-nine (89) NSC positions (Annex `B') be considered career positions and employees appointed to these positions be given `Permanent' status. This number includes one (1) Assistant Director General and six (6) Director III positions to be considered career positions to encourage professionalism and so they can provide the continuity in case of a change in the administration.
"Twelve (12) positions will remain confidential and co-terminous positions to give flexibility to the appointing authority in the selection of officials and immediate staff (Annex `C').
"As regards ten (10) employees (Annex `D') who occupy positions being requested for consideration as career positions but who do not meet the CSC eligibility requirements for permanency, may we request that they be meantime given `Temporary' employment status. They have been advised of this request so they are in the process of acquiring their CS eligibilities."
Specifically, the non-career positions sought to be converted into career positions are as follows:
POSITION TITLE SALARY
Assistant Director-General 29 1 Director III 27 6 National Security Specialist V 24 13
National Security Specialist IV
National Security Specialist III
19 17 National Security Specialist II 16 11 Executive Assistant I 14 1 National Security Specialist I 12 1 Secretary II 9 1 Secretary I 7 3 Assistant Statistician 9 1 Planning Assistant 8 8 Human Resource Management Assistant 8 1 Administrative Assistant 8 1 Budgeting Assistant 8 1 Artist Illustrator II 8 1 Data Entry Machine Operator II 8 1 Chauffeur II 6 1 Chauffeur I 5 1 Driver I 3 2 Messenger 2 3 Utility Worker I 1 1 Total------------- 90
The Commission, after having thoroughly reviewed and evaluated all the documents submitted specifically the duties and responsibilities attached to the positions sought to be converted into career positions, finds nothing contrary or opposed to the Civil Service Law and Rules should the above-enumerated positions be converted into career positions. The conversion of said positions from non-career (coterminous) to career service would all the more give meaning to and strengthen the constitutional provision affording security of tenure to employees in government, which the Commission is mandated to enforce and protect. (CSC Resolution No. 991535, Nazareno Roberto)
The conversion of the abovestated non-career positions to career positions, however, is subject to the condition that only those incumbents to the non-career (co-terminous) positions who meet all the qualifications as provided for in the Qualification Standards (QS) Manual, including the appropriate civil service eligibility may be converted to career service positions. Those who do not meet the qualifications provided for in the said QS Manual including the appropriate eligibility shall remain in their respective positions under the non-career (coterminous) status. This is in consonance with the pronouncement laid down by the Commission in its earlier Resolution No. 991535, dated July 12, 1999 which declared certain non-career positions in the office of the Secretary-General, Office of the Sergeant-At-Arms, and the Office of the Director-General, Congressional Planning and Budget Office, House of the Representatives to career positions.
Furthermore, such condition is being imposed to maintain and uphold the law mandating that entrance to the career service shall be based on merit and fitness to be determined as far as practicable by competitive examination. For indeed, conversion of non-career, in this case (primarily confidential) coterminous positions, to career items based on the full qualification of the incumbents in the observance of the professionalization principle would undermine the merit and fitness principle requiring civil service eligibility for career service positions because non-career (coterminous) positions do not require civil service eligibility.(supra)
WHEREFORE, the request of Alexander P. Aguirre is hereby granted. Accordingly, all of the enumerated positions in the National Security Council are hereby declared career positions provided that the incumbents thereof meet the qualification standards of the position.
Quezon City, DEC O3, 1999
CORAZON ALMA G. DE LEON
THELMA P. GAMINDE JOSE F. ERESTAIN, JR.
ARIEL G. RONQUILLO