QuestionsQuestions (CESB Resolution NO. 905)
It establishes the rules and procedures for submitting to and obtaining CESB attestation for appointments (and appointees) occupying Career Executive Service (CES) and/or third level positions in government agencies and GOCCs with original charters.
Third level covers positions in the Career Executive Service, and entrance to the third level is prescribed by the Career Executive Service Board.
It declares that third level is composed of CES positions as well as positions occupied by non-presidential appointees that are above Division Chief level and performing executive/managerial functions.
Merit and fitness for CES are determined through a four-stage screening process, and after successful completion and conferment of CES eligibility, CES eligibles may qualify for appointment to a CESO rank by the President.
1) Written Examination; 2) Assessment Center; 3) Validation of on-the-Job Performance; and 4) Board Interview (plus such other requirements as may be prescribed by CESB).
They must include: proper signature/initials of appointing authority copies; position title matching approved Allocation List and IOS with salary grade; correct employment status; correct date of signing/issuance; correct nature of appointment; TLSB evaluation/screening certification or minutes if applicable; and a properly accomplished Personal Data Sheet (CS Form 212).
It is not required for (1) substitute appointments due to short duration/emergency nature (but if the position later becomes regular, TLSB screening is required); and (2) change of status from temporary to permanent.
If issued in accordance with laws and rules, the appointment takes effect immediately upon issuance by the appointing authority (and salary entitlement follows if assumed duty), but it cannot take effect earlier than the date of issuance; it remains effective until disapproved by the Board.
No appointment may be effective earlier than the date of issuance, except in the case of change of status due to conferment of CES eligibility; the effectivity is the date of CES eligibility conferment (and for temporary to permanent, the date of CESO rank conferment as indicated by CESB/Board).
It allows temporary appointment to fill a vacancy in the public interest when appropriate eligibles are absent; it must not exceed 12 months from date of issuance. A non-CESO appointed to a CES position is temporary and must later take CES eligibility examinations.
Only one renewal is allowed if no qualified applicants are actually available and willing, but at the lapse of the second year, if the appointee still lacks required CES eligibility, the appointment can no longer be allowed. The vacancy must be published in accordance with RA 7041; otherwise renewal is not allowed.
An appointment must be submitted to the Board within 30 calendar days from its issuance date. Otherwise, the appointment shall be made effective 30 days prior to the date of submission to the Board.
The appointing authority may cancel the appointment and report it to the Board for record purposes; the position is automatically deemed vacant without need for Board approval or declaration.
The appointing authority is personally liable for the salary of appointees whose appointments were disapproved due to such violations.
Attest implies authority to determine whether the appointment was made in accordance with law; thus CESB attestation/disapproval functions as a legal compliance check for CES/third level appointments.