“RESOLUTION REQUESTING THE CIVIL SERVICE COMMISSION TO DECLARE IN ACCORDANCE WITH LAW THE POSITION OF PCSDS EXECUTIVE DIRECTOR A PRIMARILY CONFIDENTIAL POSITION”

WHEREAS, R.A. 7611, otherwise known as the Strategic Environmental Plan (SEP) for Palawan, took effect on 19 June 1992, Section 6 of which provides that the SEP shall serve as the framework to guide the government agencies concerned in the formulation of plans, programs and projects affecting the environment and natural resources of Palawan pursuant to the declared policy of the State to protect, develop and conserve its natural resources towards which, it shall assist and support the implementation of plans, programs and projects formulated to preserve and enhance the environment, and at the same time pursue the socioeconomic development goals of the country;

WHEREAS, Section 16 of this same law which has, as its general philosophy, the sustainable development of Palawan and establishes, as its main strategy, a graded system of protection and development control over the whole of Palawan, known as the Environmentally Critical Areas Network (ECAN), provides that the governance, implementation and policy direction of the SEP shall be exercised by the Palawan Council for Sustainable Development (PCSD);

WHEREAS, Section 20 thereof empowers the PCSD to appoint the Executive Director of the Palawan Council for Sustainable Development Staff;

WHEREAS, the Civil Service Commission, in its Resolution No. 021314 dated October 10, 2002, pronounced that:

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“While it is true the Commission can declare a particular position primarily confidential pursuant to Section 12 (9), Chapter 3, Title I-A, Book V of the Administrative Code of 1987, the High Court in the case of Civil Service Commission and Philippine Amusement and Gaming Corporation versus Rafael Salas, 274 SCRA 414, discussed the nature of a position which is primarily confidential, as follows:

It is thus be safely determined therefrom that the occupant of a particular position can only be considered a confidential employee if the predominant reason why he was chosen by the appointing authority was, to repeat, the latter’s belief that he can share a close intimate relationship with the occupant which ensures freedom of discussion, without fear of embarrassment or misgivings of possible betrayal of personal trust or confidential matters of state. Withal, where the position occupied is remote from that of the appointing authority, the element of trust between them is no longer predominant.

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   Resultingly, said position cannot be declared primarily confidential unless the same is deemed vacant and there exists a valid, factual and legal justification for such declaration. “

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WHEREAS, Section 12 (9), Chapter 3, Title I-A, Book V of the Administrative Code of 1987 provides that the Civil Service Commission shall have the power to “declare positions in the Civil Service as may properly be primarily confidential, highly technical or policy determining”;

WHEREAS Section 34 of the Amended Rules and Regulations Implementing the Strategic Environmental Plan for Palawan provides that “the Executive Director shall have authority over the Council Staff and the responsibility for its operations” and,”as such,matters of day-to-day operations and all those pertaining to the internal operations shall be left to the discretion or judgment of the Executive Director, unless otherwise provided by the Council and the rules and regulations”;

WHEREAS, the same section enumerates the functions of the Executive Director, to wit:
1. Execute and implement the policies, programs and measures approved by the Council.
2. Direct, manage and supervise the operations and internal administration of the Council Staff and be responsible for the efficient and effective conduct thereof.
3. Direct and supervise the formulation of operational plans and programs and the attendant detailed action plans.
4. Sign contracts, agreements or undertakings, pursuant to Section 20 of these Rules, in the carrying out of the internal and regular operations of the PCSDS and such other contracts as may be authorized by the Council in the pursuit of its objectives and purposes.
5. Represent the Council in all dealings in other offices, agencies and instrumentalities of the government and with all the other persons or entities, whether public or private without prejudice to examination and review at any stage by the Council.
6. Represent the Council, either personally or through the Council, in all legal proceedings or action.
7. Sign appointment papers, pursuant to Section 20 of these Rules, employees below the rank of head of division or its equivalent subject to existing Civil Service Laws, Rules and Regulations and other relevant legislations.
8. Exercise delegated authority on matters related to the functions and activities of the Council Staff.
9. Perform such other functions as may be assigned by the Council or provided by law.

WHEREAS, the Executive Director is also the ex officio Secretary of the Council who performs his functions as such during the Council’s monthly regular meeting, whose functions include among others, discussing and complying with the directives of the Council on confidential matters relative to projects and others as scheduled for agenda;

WHEREAS, the above duties and responsibilities of the Executive Director make him above the ordinary rank-and-file employees and that faith or trust and confidence in his competence to perform his assigned tasks are reposed upon him by the Council to whom he reports directly and discusses matters of confidential nature relative to the official businesses of the latter;

WHEREAS, it is clear from the above-stated functions, powers and duties of the Executive Director that the nature of said position or the appointment of persons thereto necessarily involves the PCSD’s belief and confidence on a certain degree that they can share a close intimate relationship with the occupant which ensures freedom of discussion, without fear of embarrassment or misgivings of possible betrayal of personal trust or confidential matters of state;

WHEREAS, the position of the PCSD Staff Executive Director is, at present, vacant, the functions and duties related thereto being exercised by the Deputy Executive Director Romeo B. Dorado;

WHEREFORE, after a thorough deliberation and upon motion duly seconded, BE IT RESOLVED,as it is hereby resolved,TO REQUEST the Civil Service Commission, as hereby it is requested, to declare the position of PCSDS Executive Director a primarily confidential position pursuant to the above-mentioned considerations;

RESOLVED FURTHER, that the PCSDS Personnel Officer is directed to attach to this Resolution all the necessary documents or proofs as to the confidential nature of the position of the Executive Director;

RESOLVED FINALLY, that a copy of this resolution, together with the necessary attachments, be furnished or submitted to the Civil Service Commission for appropriate action.

I hereby certify that the above-quoted Resolution has been duly approved and adopted by the PCSD on 27th day of February 2009 at Puerto Princesa City, Palawan.

 

ROMEO B. DORADO Secretary

APPROVED: HON. MARIO JOEL T. REYES Chair