FACTS: On 1961, petitioner was reappointed as Acting Chairman of the Board of Examiners for Chemists. Subsequently, it was alleged that then President, Carlos P. Garcia, signed petitioners ad interim appointment to the office for another term expiring on July 15, 1964. However, a copy thereof was not transmitted to petitioner and its original copy was not released from the Office of the President. Thereon, the Commission on Appointment took cognizance of said appointment, and confirmed the same. However, by virtue of the Administrative Order No. 2, such appointment was withdrawn, recalled and declared without effect. On 1962, President Diosdado Macapagal appointed respondent Yenko as Acting Chairman of the Board of Examiners for Chemists, who thereafter assumed the functions and duties of said office. ISSUE: Whether or not Petitioners subsequent appointment was incomplete? HELD: Yes, Petitioners last ad interim appointment was incomplete and that, as a result, there was in fact and in law no ad interim appointment that could be validly transmitted to, and acted upon by the Commission on Appointments on May 17, 1962. Be it noted that ad interim appointment must be released to and accepted by appointee before action by the Commission. Office of the Ombudsman v. CSC 528 SCRA 535 FACTS: Ombudsman Simeon V. Marcelo requested to the CSC for the approval of the amendment of qualification standards for Director II positions in the Central Administrative Service and Finance and Management Service of the Office of the Ombudsman. However, CSC denied the same claiming that such position is covered by the Career Executive Service. Hence, the filing of petition for certiorari seeking to set aside and nullify CSC Opinion No. 44, s. 2004. ISSUE: Whether or not the Director II positions in the Central Administrative Service and the Finance and Management Service of the Office of the Ombudsman are covered by the Career Executive Service? HELD: No. Book V, Title I, Subtitle A, Chapter 2, Section 7, Paragraph (3) of EO 292, otherwise known as The Administrative Code of 1987, states that: xxx
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Positions in the Career Executive Service; namely, Undersecretary, Assistant
Secretary, Bureau Director, Assistant 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;
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Thus, the CES covers presidential appointees only.
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. Under the Constitution, the Office of the Ombudsman is an independent body. As a guaranty of this independence, the Ombudsman has the power to appoint all officials and employees of the Office of the Ombudsman, except his deputies. As a corollary to the Ombudsmans appointing and supervisory powers, he possesses the authority to establish reasonable qualification standards for the personnel of the Office of the Ombudsman. Finally, CSC Opinion No. 44, s. 2004 was thereby SET ASIDE.
11-05-13 PRESS RELEASE: Los Angeles Rabbis Sharon Brous (Ikar Synagogue), Chaim Nochum Cunin (Chabad), Susan Leider (Temple Betham), Chaim Seidler-Feller (UCLA Hillel) are Asked to Opine on Fraud/Racketeering in the Courts by Jewish attorneys and judges