In the context of attestation of appointments in the

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In the context of attestation of appointments in the civil service, this court has ruled that the Civil Service Commission’s attestation is a ministerial duty once it finds the appointee eligible for the position. The Commission "is limited only to the non- discretionary authority of determining whether or not the person appointed meets all the required conditions laid down by the law." If the appointee possesses the required civil service eligibility, the Commission has "no choice but to attest to the appointment." As this court explained in Luego v. Civil Service Commission. In this case, respondent Dr. Benito availed himself of the correct remedy. Given his claim that he possesses the required civil service eligibility for the position of Assistant Schools Division Superintendent, he correctly filed a petition for mandamus to compel the Civil Service Commission to approve his appointment.
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POLITICAL LAW CASE DIGESTS 323 Under the civil service law, positions in the Career Executive Service are: "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." In the exercise of its legal mandate, the Career Executive Service Board issued Resolution No. 945 dated June 14, 2011, where it set the following criteria to determine whether a position belongs to the Career Executive Service: 1. The position is career; 2. The position is above division chief; and 3. The position entails performance of executive and managerial functions. Aside from satisfying the criteria set by the Career Executive Service Board, the holder of the position must also be a presidential appointee. Applying these principles in this case, we rule that the position of Assistant Schools Division Superintendent belongs to the Career Executive Service. The position of Assistant Schools Division Superintendent is a career position. Appointment to the position is based on merit and fitness and gives the appointee an opportunity for advancement to higher career positions, such as Schools Division Superintendent. If permanently appointed, the appointee is guaranteed security of tenure. The position is above Division Chief. An Assistant Schools Division Superintendent has a salary grade of 25. As to functions and responsibilities, the Assistant Schools Division Superintendent assists the Schools Division Superintendent in performing the following executive and managerial functions under Republic Act No. 9155 or the Governance of Basic Education Act of 2001. In fact, the law recognizes that the position of Assistant Schools Division Superintendent belongs to the Career Executive Service. Section 7 of Republic Act No. 9155 explicitly provides that an appointee to the position must be a career executive service officer.
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