Clarification on CES Coverage and Classification

The resolution is anchored on 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, creating the Career Executive Service.
The resolution recognizes that paragraphs 2 and 5, Article IV, Part III of the IRP, as amended, mandate the CESB to promulgate rules on 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 is prescribed by the CESB.
Section 8, Chapter 2, Subtitle A, Title I, Book V of the Administrative Code of 1987 groups career service positions into three major levels, with the third level covering positions in the Career Executive Service.
Section 7 (3), Chapter 2, Subtitle A, Title I, Book V of the Administrative Code of 1987 defines career service positions to include the Career Executive Service, such as Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional Director, Assistant Regional Director, Chief of Department Service, and other equivalent ranks identified by the CESB, all appointed by the President.

The resolution clarifies the policy that CES positions correspond to third level positions, consistent with the Supreme Court ruling.
The resolution is issued to clarify CES coverage and classification rules, harmonizing prior classification practices with the controlling jurisprudential limitation.

The resolution treats CES coverage as synonymous with third level positions by virtue of the Supreme Court ruling in PCSO V. CSC, G.R. No. 185766 and G.R. No. 185767.
The resolution identifies CES positions as those requiring Presidential appointments, subject to the enumerations and classification criteria it sets.

CES coverage includes career service positions requiring Presidential appointments that are expressly enumerated under Section 7(3), Chapter 2, Subtitle A, Title I, Book V of the Administrative Code of 1987: Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional Director, Assistant Regional Director, and Chief of Department Service.
No position classification is necessary for the enumerated presidential appointees under Section 7(3), Chapter 2, Subtitle A, Title I, Book V of the Administrative Code of 1987, except where the position belongs to Project Offices, in which case position classification is required in consultation with the Department of Budget and Management (DBM).
For Presidential appointment positions other than the enumerated CES ranks, position classification is necessary to place the position under CES coverage.
Classification for presidential appointees other than the enumerated ranks is conducted by the Board, upon request of the head of office of the concerned government department/agency, provided the position satisfies these criteria:
- The position is a career position;
- The position is above division chief level; and
- The duties and responsibilities require the performance of executive and managerial functions.

Appointments to positions that were not previously classified as CES are deemed co-terminus with the appointing authority.
Incumbents holding permanent appointments to positions declared CES for the first time remain under permanent status in their current positions.
Incumbents who are promoted, appointed, or transferred to other CES positions become temporary in the new CES position until they qualify.

An agency may request that a position be declared non-CES if the head of the agency believes the position does properly belong in the CES.
Requests for exemption must be filed with the Career Executive Service Board and must be accompanied by appropriate justifications.
The Board must issue a decision on the exemption request within two (2) months from receipt of the request.

The resolution repeals all circulars, policies, and issuances that are inconsistent with it.
If any section or part of the resolution is held invalid, the remaining provisions continue in full force as if the invalid part had not been included.
The resolution becomes effective after fifteen (15) days following its publication in the Official Gazette or a newspaper of general circulation in the Philippines.
The resolution was adopted on June 14, 2011, and is signed by the CESB Chairperson and Vice Chairperson and members, with attestation by the Board Secretary.

The resolution references CESB Resolution No. 799 (issued May 19, 2009) which was circularized through Memorandum No. 3, s. 2009, and lists positions previously classified within CES coverage.
The resolution uses the Supreme Court limitation in PCSO V. CSC, G.R. No. 185766 and G.R. No. 185767 to clarify that CES coverage is tied to Presidential appointments and thus to third level positions.