Repu bl i c of the Phil ippin es

ACORDA, Grace Bennet B.

Re: Disapproved Appointment;
Failure to Meet Training Requirement
(Petition for Review)
(Nr7zoo358r8)
x----------- -----------x

NOTICE OF DECISION
Sir/Madam:

The Commission promulgated on July r5, zorg Decision No. t9o3t8 on the
above-cited case, copy attached. lts original is on file with this Commission.

)uly t7,2019.

Very truly yours,

Commission Secretariat and Liaison Office

Copy furnished:

Atty. Grace Bennet Acorda

National Police Commission Region
Regional Covernment Center
Carig Sur, Tuguegarao City
35oo Cagayan

Vice Chairman and Executive Officer Rogelio T. Casurao

National Police Commission
DlL6-NAPOLCOM Center
EDSA corner Quezon Avenue
lroo Quezon City

The COA Resident Auditor

National Police Commission
DILC-NAPOLCOM Center
EDSA corner Quezon Avenue
rloo Quezon City

Director lV Judith D. Chicano

Civil Service Commission National Capital Region
No. 25, Kaliraya Street, Barangay Dofra Josefa
lroo Quezon City
--,
1-
r>LU/>>UlAt'>1OOng
^t--^tALV>#

f"ll,tottu' JUL 1B:zcig

Bawat Kawani, Lingkod
City t (02) 931 -7935/(o2l931-7939/(OZ) 931€092 Q cscphil@csc.gov.ph
CSC Buf fding, IBP Road, Batasan Hills, I 1 25 Quezon www.csc.gov.ph
 Bepubli c of the Phllippines

ACORDA, Grace Bennet B. Number: 190318

Re: Disapproved Appointment:
Faiiure to Meet Training Requirement Promulgated:
| 6 JUL 20t9
(Petition for Review)
(N172003s818)
x-------------- --------------x

DECISION
Grace Bennet B. Acorda, Chairman, Police Regional Appellate Board (PRAB),
National Police Commission Q{APOLCOM) - Regional Appellate Board Regional Office
(RAB RO) II, Tuguegarao City. files an Appeal, neated as a Petition for Revieu', from the
Letter-Decision dated March 6, 2018 of the Civil Service Commission National Capital
Region (CSC NCR), Quezon Cit1,, disapproving her permanent appointment as Chairman of
the PRAB II RAB RO II for faiiure to meet the training requirement for said position, as
prescribed underCSC Memorandum CircularNo.5, s.2016 dated Februars,24.2016.1

Pertinent porlions of the Letter-Decision dared March 6.2018 of the CSC NCR state.
thus:
1.v1'

o.f qualifi
the rda vis-
for the pos Police
ihows thdt sh rraining

meeting t 'ial
DRl whic the
can be as
Decision No. 0130063 dated January

"This, there.fore. does not qualifi Atn,. Acorda for the issuance of a
permanent appointment, . .

t (promotionall appointment of Ath,.

olice Resional .ebbellate Boaid (SG
the,, Ndtional P'olice Commission

In her Petition for Review, Acorda uu.rr"a. as follou,s:

xxx
"1. uling that the qualification standards for the
CEairman aie those stated under CSC
r No. 5. s. 2016;
r
Revised Qualification Standards ibr Division Chief and Executive/Manaserial Positions in the

Ce copy:
. SALONGA
nief Human Resource SPecialist
Co liiion Secretariat and Liaison Office
Givil Serviee Commission
Bawat Kawani, Lingkod Bayani
,9 CSC Bullding,lBP Road, Batasan Hllls, 1126 Quean City t (02) 931-7935/(02) 93]-7939/(02) 931€092 rgcscphll@csc€ov.ph 'l www.cscaov.ph
lV ACORDA, Grace Bennet
Page 2 of 5

"IL CSC-I/CR erued in findins

" that Petitioner lacks the required trainins
for PMB Chairman."
Records show that on December 9,20i6, Atry.Rogelio T. Casurao, Commissioner
and Vice-Chairman and Executive Officer of the National Police Commission
(NAPOLCOM), issued a promotional appointment to Acorda as Chairman of the PRAB (SG
27), NAPOLCOM-RAB RO II.

However, in a Letter-Decision dated March 6,2018, the CSC NCR disapproved

Acorda's appointment for failure to meet the training requirement of the position prescribed
under CSC Memorandum Circular No. 5, s, 2016 dated February 24,2016. Hence. this
Petition for Review filed by Acorda before the Commission.

The issue to be resolved is whether the disapproval of the promotional appointment of

Acorda is in order.

Before evaluating the qualifications of Acorda to the position, there is a need to first
determine whether the qualification standards under CSC Memorandum Circular No. 5, s.
2016 (which the CSC NCR used in attesting the appointment of Acorda) is the appropriate
qualification standards, or that prescribed under CSC Resolution No. 974193 dated October
2L,lgg7,2 as invoked by Rcorda.

It maybe u'ell to note that the qualification standards for the position of PRAB
Chairman in the NAPOLCOM was initially prescribed under the 1997 Revised Qualification
Standards Manual. Perusal of the 1997 Revised Qualification Standards Manual would
show that the sub_iect position was classified as belonging to the Third Level, which required
a Career Executive Service Eiigibiliry (CESE) or Career Service Executive Eligibility
(CSEE). Because of this eligibility requirement for a Third Level position. then NAPOLCOM
Commissioner Edgar Dula Torres claimed that appointees to the PRAB Chairman position
stand to be prejudiced since the requirement in the 1997 Revised Qualification Standards
Manual was adopted without prior consulration with the NAPOLCOM.

ln resolving the issue, the Commission then conducted a job audit study to validate
the functions of the PRAB Chairman.3 The result thereof revealed that the duties of the
subject position invoived practice of legal profession, as it deals with quasi-judicial and
administrative functions. Based thereon. the Commission reclassified said position as
belonging to the Second Level. This paved the way to the promulgation of CSC Resolution
No. 974193 dated October 2L,1997 which arnended the qualification requirements for the
subject position under the 1997 Revised Qualification Standards Manual. l-tnder the neu,
qualification standards for the position, the requirements are: Bachelor of Laws (education);
four (4) years of reievant experience; fwenry-four (24) hours of relevant training; and
Republic Act No. 1080 (eligibiiity). Accordingll,, this became the qualification standards

' Qualification Snndards for the Chairman pRAB posirion in the NApOLCOM
' Conducted by the CSC Qualification Standards Task Force on .lune 25.l99j.

copy:
. SATONGA
rce Specialist
and [,iaison
aison 0
Office
fV ACORDA, Grace Benner
/uEcJuJJ
r----------------- ------- -- -- --- x

in assessing the applicants to the subject position prior to the promulgarion of CSC
used
Memorandum Circular No. 5, s. 2016.

Nou,, the question is whether CSC Memorandum Circular No. 5, s. 2016 abrogated
CSC Resolution No. 974L93 dated October 21,1997. On this, the Commission ruies in the
negative. The application of CSC Memorandum Circular No. 5, s. 2016 has been clarified
in the case of NdlA, Arnold Q. (CSC Decision No. 180305 dated June 20, 2018) where it
was ruled, as foliows:
xx x

al bar, of e PMB was nol

class still n as position as the
'As
appg not req esr such, the QS
iide s. 20li
be applied to those sopoinred to siid
position.
'governed Thus, the qualifications for the'PRAB Chairmai'continue ro be
by CSC Reioluiionttlo. g?llgS dated October 21, 1997."

Following the ruling in the case of Mifla, the qualification standards for the position
of Chairman of the PRAB shall therefore continue to be soverned bv CSC Resolution No.
97 4193 dated October 27. 1997 .

Proceeding now on whether Acorda meets the requirement for the position. a
comparative evaiuation of the quaiification standards for the position of PRAB Chairman as
prescribed bi' CSC Resolution No. 914193 dated October 21, 1997 yls-a-vls the
qualifications of Acorda as indicated in her Personal Data Sheet (PDS) dated August 18,
2017. But to for the purpose of showing the difference in the two (2) qualification standards
mentioned, a column for the qualification requirements under CSC Memorandum Circular
No. 5, s.2016 will be included in the table below. thus:

Qualifi cations of Acorda

Factors based on her PDS dated
August 18,207i

aster's Degree or l
Bach.elollf,llt i"
ificate in-Leadership i-^^,- r ^_ ^rr .. ;
Education
v"--"'"1* ]:Tl"' ""'*'
]

I
_ | 3:3H[ryeiTr__,
Experience
ThATTANAA

I i.I t#!,3T"::t3et/ztro7)
I e/t/zoo-.- it3r/2003:

copy:

co t6"..
rV ACOR-DA, Grace Bennet
Page 4 oJ 5

I rI0|I 200 6 -4 t 26 /2007 )

Mandatory Continuing
Legal Education
(MCLE) (36 hours)
a Seminar on Restorative
Justice and Aiternatives
to lmprisonment (8
hours)
Orientation on the
One hundred rwenty ( 120) (24) hours of Revised Rules on
flraining hours of ino Administrative Cases rn
supervlsoryim anagem ent the Civil Service ( l6
iearning and development hours)
intervention undertaken Orientation and Basic
ithin the last five (5) Training Program on
years Actual Handling &
Disposition of
Administrative Cases (3
months)
areer Service
Etigibilitl' fessional/ Second Level epublic Act No. r 080 Bar License
ligibility

The foregoing table shows that if Acorda was assessed using the srandards under CSC
Memorandum Circular No, 5, s.2016. she indeed meets the qualihcation requirements of the
position except the required training, as found by the CSC NCR. As can easily be gleaned,
Acorda has iess than the required 120 hours of supervisory/management Iearning and
development intervention.

However. assessed using the qualification standards for the PRAB Chairman position
under CSC Resolution No. 974193 dated October 21. 199'7. it is shown that she meets the
required education being a Bachelor of Laws graduate. She also meets the required
experience having gained more than four (4) years of relevant experience. as well as the
twenty-four (24) hours of relevant training required for the position. She also satisfies the
required eligibilitv since she is a Bar passer. And since the CSC Resolution No. 974193 dated
October 21, 1997 is the appropriate qualification standards in this case, it can be concluded
that Acorda meets the minimum requirements for the PRAB Chairman position.

ln view thereoi the Commission finds the disapproval by the CSC NCR of the
promotional permanent appointment of Acorda using the qualification standards under CSC
Memorandum Circular No. 5, s. 2016, not in order. Verily. Acorda's appointment as PRAB
Chairman is approved effective upon its issuance on December 9.2016.

$
fV ACORDA, Grace Bennet
Pase 5 of 5

WHEREFORE, the Petition for Review of Grace Bennet B. Acorda, Chai:rran,

Police Regional Appellate Board (PRAB), National Police Commission Q.{APOLCOM) -
Regional Appellate Board Regional Office (RAB RO) tr, Tuguegarao City, is hereby
GRANTED. Accordingly, the Letter-Decision dated March 6,2018 of the Civil Service
Commission Nationai Capital Region (CSC NCR), Quezon Citl', disapproving her permanent
appoiannent for failure to meet the training requirement for said position, is RE\IERSED
and SET ASIDE. The appointment of Grace Bennet Acorda as Chairman of the PRAB,
NAPOLCOM RAB RO tr. is APPRO\rED effective December 9.2016.

The CSC NCR is drected to reflect this Decision in the anpointrnent. service card and
other documents of Acorda.

A copy of this Decision shall be firnished the Commission on Audit-National Police

Commission (NAPOLCOM) for its reference and appropriate action.

Quezon Citr'.

ALICIA dela ROSA-BALA

Chaimerson

DEROSA. JR.

LO A.LLZADA
Commiss

Attested b1';

C.ommission Secretariat and Liaison Office

OL4, 3 /X5 0 iabs 2 2 0 I 9 ivcc

Decision Acorda