Sep 25, 2009administrative lawphiljacoterminous appointmentscivil servicesupreme court

Balancing Efficiency and Discretion: Revisiting PHILJA Staffing Patterns

The Supreme Court clarifies when coterminous status is proper for confidential staff in the Philippine Judicial Academy's executive offices.


In September 2009, the Supreme Court En Banc resolved a request from the Chancellor of the Philippine Judicial Academy (PHILJA) to revise the staffing pattern of the Academy's executive offices. The decision in Re: Further Clarifying and Strengthening the Organizational Structure and Administrative Set-up of the Philippine Judicial Academy (A.M. No. 01-1-04-SC-PHILJA, September 25, 2009) illustrates how the Court balances two competing interests: the need for administrative efficiency and the protection of career service positions. The ruling provides practical guidance on when positions may be classified as coterminous—meaning their tenure is tied to the appointing official—rather than permanent.

Background of the Case

PHILJA is the training institution for judges, court personnel, and lawyers. In 2008, the Court issued a resolution restructuring PHILJA's staffing pattern, converting several positions from coterminous to permanent status. The following year, PHILJA Chancellor Justice Adolfo S. Azcuna requested amendments to this structure.

Specifically, the Chancellor sought to:

  • Convert the position of PHILJA Attorney VI (Salary Grade 27) to a non-lawyer position, allowing the hiring of a qualified non-lawyer when necessary
  • Revert four positions in the Office of the Chancellor from permanent back to coterminous status, including SC Chief Judicial Staff Officer, Judicial Staff Officer III, Records Officer II, and Judicial Staff Assistant III

The Chancellor explained that these staff members perform work requiring the trust and confidence of the office head, making coterminous status more appropriate.

The Office of Administrative Services' Recommendation

The Court referred the matter to the Office of Administrative Services (OAS) for comment. The OAS generally supported the request but made important qualifications:

  • The position should be titled PHILJA Head Executive Assistant rather than Judicial Staff Head, since the latter title is reserved for offices of Justices and carries a different salary grade under the Department of Budget and Management's classification system
  • The Records Officer II position should remain permanent to ensure continuity in records management when leadership changes
  • Similar adjustments should be made in the offices of the Vice-Chancellor and Executive Secretary to maintain consistency across the Academy's executive offices

The Court's Ruling

The Court granted the request with modifications. It approved:

  1. Renaming the PHILJA Attorney VI position to PHILJA Head Executive Assistant (SG 27), coterminous in nature
  2. Reverting three positions in the Office of the Chancellor to coterminous status: SC Chief Judicial Staff Officer (SG 25), Judicial Staff Officer III (SG 18), and Judicial Staff Assistant III (SG 10)
  3. Reclassifying positions in the Vice-Chancellor's and Executive Secretary's offices (e.g., PHILJA Attorney V to PHILJA Executive Assistant Supervisor, SG 26)
  4. Reverting several permanent positions in those offices to coterminous status

However, the Court denied the request to revert the Records Officer II position, keeping it permanent. Likewise, Clerk III positions in the Vice-Chancellor's and Executive Secretary's offices remained permanent.

Why Some Positions Stayed Permanent

The Court's reasoning reflects a clear principle: confidential and policy-determining positions may be coterminous, but positions essential to institutional continuity should remain permanent.

The Records Officer II and Clerk III positions were retained as permanent because they involve records management. When new officials take over, these staff ensure that files, documents, and workflows continue smoothly. The Court noted that this continuity is vital to the "smooth operations" of the offices.

By contrast, positions that perform functions "primarily confidential in nature" may be coterminous, as they are tied to the trust and confidence of the appointing official. The Court cited Montecillo v. Civil Service Commission (G.R. No. 131954, June 28, 2001) for this principle.

Practical Takeaways

  • Coterminous status is appropriate for confidential or policy-determining roles where the appointing official must have freedom to select staff they trust.
  • Permanent status protects institutional memory. Positions involving records management or routine clerical work should generally remain permanent to ensure continuity.
  • Position titles matter. The Court rejected "Judicial Staff Head" because that title is reserved for specific offices and carries a higher salary grade under DBM rules. The renamed position, PHILJA Head Executive Assistant, achieved the same purpose without disrupting the classification system.
  • Reclassification should not affect incumbents unfairly. The Court noted that the affected positions were unfilled, meaning no current employee would be displaced.
  • Changes to staffing patterns require Court approval. PHILJA, as a Court-attached agency, cannot unilaterally alter its plantilla; it must seek the Court's imprimatur.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.

This article is general information and not legal advice. For your situation, ask ASG Legal AI or book a consultation.