Supreme Court NOT bound by CSC's classification of confidential government positions
In Civil Service Commission (CSC) v. Javier,[1] the Supreme Court
categorically declared that the CSC's classification of confidential positions
in the government is not binding on the Supreme Court:
Applying the proximity rule and considering the nature of the duties of the
office of the Corporate Secretary of the Government Service Insurance System
(GSIS), it was held in the above-cited case that said position in the GSIS or
any government-owned or controlled corporation (GOCC) for that matter, is a
primarily confidential position.[2]
At present, there is no law enacted by the legislature that defines or sets definite criteria for determining primarily confidential positions in the civil service. Neither is there a law that gives an enumeration of positions classified as primarily confidential.
What is available is only petitioner's own classification of civil service positions, as well as jurisprudence which describe or give examples of confidential positions in government.
Thus, the corollary issue arises: should the Court be bound by a classification of a position as confidential already made by an agency or branch of government?
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 petitioner. 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. The findings of the other branches of government are merely considered initial and not conclusive to the Court. Moreover, it is well-established that in case the findings of various agencies of government, such as the petitioner and the CA in the instant case, are in conflict, the Court must exercise its constitutional role as final arbiter of all justiciable controversies and disputes. (Emphasis supplied)
Applying the proximity rule and considering the nature of the duties of the
office of the Corporate Secretary of the Government Service Insurance System
(GSIS), it was held in the above-cited case that said position in the GSIS or
any government-owned or controlled corporation (GOCC) for that matter, is a
primarily confidential position.[2][1] Civil Service Commission v. Javier, G.R. No. 173264, February 22, 2008, 546 SCRA 485, 507, at 499-500; Laurel v. Civil Service Commission, G.R. No. 71562, October 28, 1991, 203 SCRA 195, 206.
[2] Id. at 504.