G.R. No. 185766: November 23, 2010 | CIVIL SERVICE COMMISSION, Petitioner, v. COURT OF APPEALS and PHILIPPINE CHARITY SWEEPSTAKES OFFICE, Respondents. Mendoza, J.:

FACTS: OnMarch 16, 2005, the Board of Directors of PCSO resolved to appoint Josefina A. Sarsonas(Sarsonas)as Assistant Department Manager II of the Internal Audit Department (IAD) of PCSO under temporary status. Thus, on the same day, PCSO General Manager Rosario Uriarte issued a temporary appointment to Sarsonas as Assistant Department Manager II. The Civil Service Commission Field Office Office of the President(CSCFO-OP)disapproved the temporary appointment of Sarsonas as she failed to meet the eligibility requirement for the position.PCSO filed an appeal with the CSC-National Capital Region(CSC-NCR).The CSC-NCR affirmed the disapproval by CSCFO-OP of the temporary appointment of Sarsonas on the following grounds: (a) that she failed to meet the eligibility requirement; and (b) that there were two qualified eligibles who signified their interest to be appointed to the said position, as certified by CSCFO-OP. The CSC denied the appeal. The CA then reversed the decision of the CSC upon the appeal of PCSO.

ISSUE: Whether or not the position of Assistant Department Manager II falls under the CES.

HELD: The petition has no merit.

CONSTITUTIONAL LAW: Civil Service Commission

The CES covers presidential appointees only. Corollarily, as the position of Assistant Department Manager II does not require appointment by the President of thePhilippines, it does not fall under the CES. Therefore, the temporary appointments of Sarsonasand Ortega as Assistant Department Manager II do not require third level eligibility pursuant to the Civil Service Law, rules and regulations.

In order for a position to be covered by the CES, two elements must concur.First, the position musteitherbe (1) a position enumerated under Book V, Title I, Subsection A, Chapter 2, Section 7(3) of the Administrative Code of 1987, i.e. Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional Director, Assistant Regional Director, Chief of Department Service,or(2) a position of equal rank as those enumerated,and identified by the Career Executive Service Board to be such position of equal rank.Second, the holder of the position must be a presidential appointee. Failing in any of these requirements, a position cannot be considered as one covered by the third-level or CES.

In the case at bench, it is undisputed that the position of Assistant Department Manager II is not one of those enumerated under the Administrative Code of 1987. There is also no question that the CESB has not identified the position to be of equal rank to those enumerated.Lastly, without a doubt, the holder of the position of Assistant Department Manager II is appointed by the PCSO General Manager, and not by the President of thePhilippines. Accordingly, the position of Assistant Department Manager II in the PCSO is not covered by the third-level or CES, and does not require CSE eligibility.

Petition is DENIED.