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Provincial Attorney's Confidential Role

The case involved the termination of a provincial attorney, Arandela, by a new governor, Grino. Grino argued that as a provincial attorney is similar to a city legal officer, which was ruled a primarily confidential position, a provincial attorney should also be considered primarily confidential. This would mean the position's tenure ends upon loss of confidence in the holder. Arandela argued his position as a career position meant he could only be removed for cause. The court ultimately ruled the position of provincial attorney is primarily confidential in nature, so Arandela's termination was valid given the loss of confidence. However, the legal staff positions were considered remote from the appointing authority so trust was not the predominant factor for those roles.

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148 views1 page

Provincial Attorney's Confidential Role

The case involved the termination of a provincial attorney, Arandela, by a new governor, Grino. Grino argued that as a provincial attorney is similar to a city legal officer, which was ruled a primarily confidential position, a provincial attorney should also be considered primarily confidential. This would mean the position's tenure ends upon loss of confidence in the holder. Arandela argued his position as a career position meant he could only be removed for cause. The court ultimately ruled the position of provincial attorney is primarily confidential in nature, so Arandela's termination was valid given the loss of confidence. However, the legal staff positions were considered remote from the appointing authority so trust was not the predominant factor for those roles.

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We take content rights seriously. If you suspect this is your content, claim it here.
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15.5 Grino v.

CSC, 194 SCRA 458

Facts:
Sixto Demaisip was the provincial attorney of Iloilo. He resigned and recommended Arandela
as his replacement. This was approved by the governor. Grino was elected as the new governor.
When he took over, he terminated Arandela, and re-appointed Demaisip as provincial attorney.
Apparently, there was loss of trust and confidence. Also terminated were other subordinates of the
provincial attorney. Arandela appealed the action taken by Governor Grino to the Merit Systems Protection Board of
the CSC. The MSPB declared the termination illegal, and ordered they Arandela be immediately
restored to their positions, with back wages. This was affirmed by the CSC. Gov. Grino now filed a
petition for review assailing the decision of the MSPB and CSC. He relied on the case of Cadiente,
which ruled that a city legal officer was a primarily confidential position. He argued that since a
provincial atty and a city legal officer has similar functions, then a provincial atty is also a primarily
confidential position, one requiring utmost confidence on the part of the mayor to be extended to
said officer. Arandela on the other hand contends that the CSC has already classified the position of
Provincial Attorney as a career position, and that the same is permanent, and can be removed only for a cause.

Issue:
Whether or not the position of a provincial attorney and those of his legal subordinates are
primarily confidential in nature so that the services of those holding the said items can be terminated
upon loss of confidence.

Ruling:
Yes. The fact that the position of Arandela as provincial attorney has already been classified as
under career service, and certified as permanent by the CSC cannot conceal or alter its highly
confidential nature. Since in the Cadiente case the city legal officer was declared by this Court to be
primarily confidential, the Court must also hold that the position of provincial attorney is also
primarily confidential. To rule otherwise would be tantamount to classifying 2positions with the same
nature and functions in to incompatible categories. Arandelas termination valid. The tenure of an
official holding a primarily confidential position ends upon loss of confidence. He was not dismissed
or removed from office, his term merely expired.
There is no need to extend the professional relationship to the legal staff and subordinates
which assist the confidential employer. Since the positions occupied by these subordinates are
REMOTE from that of the appointing authority, the element of trust between them is no longer
predominant. The importance of these subordinates now lies in the contribution of their legal skills
to facilitate the work of the confidential employee.

Main point:
The position of a provincial attorney is primarily confidential, where the position of city legal
officer was held to be primarily confidential. However, the positions of the legal staff are not.

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