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Unformatted text preview: On October 10, 2002, CSC issued a resolution invalidating the reappointment of Javier as corporate secretary, on the ground that the position is a permanent, career position and not primarily confidential. May the courts determine the proper classification of a position in government? Is the position of corporate secretary in a GOCC primarily confidential in nature? A: The courts may determine the proper classification of a position in government. A strict reading of the law (EO 292) reveals that primarily confidential positions fall under the non‐career service. It is also clear that, unlike career positions, primarily confidential and other non‐ ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 137 UST GOLDEN NOTES 2011 career positions do not have security of tenure. The tenure of a confidential employee is co‐
terminous with that of the appointing authority, or is at the latter's pleasure. However, the confidential employee may be appointed or remain in the position even beyond the compulsory retirement age of 65 years. Jurisprudence establishes that the Court is not bound by the classification of positions in the civil service made by the legislative or executive branches, or even by a constitutional body like the CSC. The Court is expected to make its own determination as to the nature of a particular position, such as whether it is a primarily confidential position or not, without being bound by prior classifications made by other bodies. In fine, a primarily confidential position is characterized by the close proximity of the positions of the appointer and appointee as well as the high degree of trust and confidence inherent in their relationship. In the light of the instant con...
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