Definition and Scope of the Career Executive Service (CES)
- The third level includes CES positions and non-presidential appointee positions above Division Chief Level performing executive or managerial functions.
- Positions categorized under CES include Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional Director (department-wide and bureau-wide), Assistant Regional Director (department-wide and bureau-wide), and Chief of Department Service.
- Other managerial or executive positions in government and government-owned or controlled corporations with original charters are included if:
- The position is a career position.
- The position is above division chief level.
- The position's duties require executive and managerial functions.
Qualification and Eligibility Requirements
- CES eligibility is required for appointment to CES positions, particularly for non-presidential appointees.
- This eligibility confers official membership in the CES and security of tenure.
- Appointment to CES rank must be by the President for incumbents to complete membership.
Clarification on Civil Service Commission Office Memorandum No. 67, s. 2009
- OM 67 ordered approval and validation of appointments to non-CES positions that were previously disapproved due to lack of third level eligibility.
- OM 67 classified certain managerial positions that do not require presidential appointments as second level positions requiring only second level eligibility.
- This classification contradicts provisions in the Administrative Code of 1987 and Supreme Court rulings.
Response to Confusion Caused by OM 67
- The CESB received numerous inquiries expressing concern about status and qualification standards after OM 67's issuance.
- CESB resolved to clarify and reaffirm the continuing effectivity of CESB Resolution No. 799 defining CES coverage.
Reaffirmation of CESB Resolution No. 799
- Resolution No. 799 remains in full effect as circularized in Memorandum Circular No. 3, s. 2009.
- It clearly classifies positions within CES coverage, including non-presidential appointments above division chief level.
Policy on Eligibility for Non-Presidential CES Positions
- CESB maintains that non-presidential CES positions require CES/third level eligibility for appointment.
- This policy aligns with CSC Resolution No. 8226 and the Administrative Code of 1987.
Effect of OM 67 on CESB Resolutions
- OM 67 did not amend, revoke, or negate the enforceability and effectivity of CESB Resolution No. 799 concerning CES coverage.
Summary of Key Legal Principles
- CESB is the governing body with exclusive authority over third-level positions in the CES.
- The CES includes both presidential and non-presidential appointee positions above division chief level performing managerial or executive functions.
- CES eligibility is mandatory for appointment to third-level CES positions to ensure security of tenure and proper classification.
- Civil Service Commission memoranda that conflict with CESB resolutions and Supreme Court rulings do not override CESB's established policies and resolutions.