President Benigno Simeon Aquino III has nullified an unlawful directive issued by his predecessor that automatically gave career executive service officer (CESO) rank to lawyers in the executive branch.

The President issued Executive Order No. 3 revoking Executive Order No. 883 signed by former President Gloria Macapagal Arroyo dated May 28, 2010 supposedly due to its encroachment on the powers of the Career Executive Service Board (CESB), and its violation of two related laws.

Chief Presidential Legal Counsel Eduardo de Mesa, who presented the latest directive to the media, said they would leave to the discretion of the Truth Commission if it would look into any accountability of former President Arroyo for the illegal issuance of E0 883.

In EO 883, then President Aquino automatically vested lawyers occupying legal positions in government executive service who have obtained graduate degrees in law and successfully passed the bar examinations with the rank of CESO III in the Career Executive Service (CES).

But in the latest EO 3, the President said his predecessor's directive “encroaches upon the power of the CESB to promulgate rules, standards, and procedures on the selection, classification, compensation, and career development of members of the Career Executive Service” vested by law within the board.

“From the foregoing, it is evident that EO 883 amounts to a repeal or amendment of provisions of P.D. 1 and EO 292 which were issued when the President had legislative powers, hence illegal and void,” the order read.

EO 3 cited that in the Integrated Reorganization Plan under PD 1, the exclusive power to promulgate rules, standards, procedures on the selection, classification, compensation, and career development of members of the CES is vested with the CESB.

It also noted that EO 292 or the Administrative Code of 1987 stipulates that entrance to the third level (career executive service) shall be prescribed by the CESB.

De Mesa, in a news conference in the Palace, could not immediately say how many government lawyers would be affected by the revocation of EO 883. He admitted though that there are numerous applications from government lawyers seeking higher rank.

De Mesa said the government decided to review E0 883 following the complaint made by various groups, including government lawyers who worked hard to get their ranks promotions.

He said EO 3 "set things right" after E0 883 violated two laws on the promotion of certain public officials.

De Mesa also said it is up to the Truth Commission if E0 883 warrants further action against former President Arroyo.

The order was signed last July 30 but was released to the media only on Friday.