QuestionsQuestions (CESO Resolution NO. 945)
The CES is created pursuant to paragraph 1, Article IV, Part III of the Integrated Reorganization Plan (IRP), as implemented by Presidential Decree No. 1, as amended (dated September 24, 1972), to form a continuing pool of well-selected, development-oriented career administrators providing competent and faithful service.
Under paragraphs 2 and 5, Article IV, Part III of the IRP (as amended), the CESB is mandated as the governing body of the CES to promulgate rules, standards, and procedures on the selection, classification, compensation, and career development of CES members.
Section 8(2), Chapter 2, Subtitle A, Title I, Book V of the Administrative Code of 1987 provides that “entrance to the third level shall be prescribed by the Career Executive Service Board.” It implies the CESB controls entry/classification to third-level positions that correspond to CES coverage.
It groups career service positions into three major levels: (1) first level—clerical/trades/crafts/custodial (non-professional/sub-professional, non-supervisory, less than 4 years college); (2) second level—professional/technical/scientific (at least 4 years up to Division Chief level); (3) third level—positions in the Career Executive Service.
The career service includes positions in the CES: Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional Director, Assistant Regional Director, Chief of Department Service and other offices of equivalent rank as may be identified by the CESB, all appointed by the President.
CESB Resolution No. 799 (circulated as Memorandum No. 3, s. 2009) classified specific CES positions (e.g., Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional Director, Assistant Regional Director, and Chief of Department Service) and also included other managerial/executive government positions if they are career positions, above Division Chief level, and require executive/managerial functions.
It limited CES coverage to CES positions requiring Presidential appointments, and the resolution states that CES positions have become synonymous to third-level positions by virtue of that ruling.
For career service positions requiring Presidential appointments expressly enumerated in Section 7(3), Chapter 2, Subtitle A, Title I, Book V of the Administrative Code—Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional Director, Assistant Regional Director, and Chief of Department Service—no classification of positions is necessary for CES coverage.
If these positions belong to Project Offices, a position classification is required in consultation with the DBM.
The position must be (i) a career position; (ii) above Division Chief level; and (iii) have duties/responsibilities requiring executive and managerial functions. The CESB conducts classification upon request of the head of the concerned department/agency.
They are deemed co-terminus with the appointing authority.
Excluded are: (a) managerial/executive positions with fixed term of office as provided by agency charter or law; (b) managerial/executive positions in the non-career service (e.g., elective officials and personal/confidential staff; cabinet rank officials at the pleasure of the President and their staff; commission/board officials with fixed terms and their staff; contractual personnel/special contract employees; emergency/seasonal personnel); (c) managerial/executive positions in national government within closed career systems administered by special bodies (e.g., Foreign Service, PNP, SUCs unless otherwise provided; Scientific Career Service, and the like); (d) the position of Head Executive Assistant; and (e) managerial/executive positions in local government units.
Incumbents with permanent appointments to positions newly declared as CES remain permanently appointed in their respective positions. However, upon promotion, appointment, or transfer to another CES position, they become temporary in that other CES position until they qualify.
The agency may request the CESB to declare the position a non-CES position, supported by justifications. The CESB must issue a decision within two (2) months from receipt of the request.
It takes effect after fifteen (15) days following its publication in the Official Gazette or in a newspaper of general circulation in the Philippines.