THE TRANSITORY GUIDELINES GOVERNING CESOS AND CES ELIGIBLES AFFECTED BY THE REVISED POLICY ON ORIGINAL AND PROMOTIONAL APPOINTMENT TO CAREER EXECUTIVE SERVICE (CES) RANKS PRIOR …

WHEREAS, the Board, by virtue of the
powers vested upon it by Presidential Decree No. 1, came up with
various policies, rules and regulations in its governance of the CES
since its inception on September 24, 1972;

WHEREAS, in pursuance of the
modified ranking structure and salary schedule in the CES provided under
the Office of the President’s Memorandum Order No. 372, s. 1991 dated
July 3, 1991, the Board passed CESB Resolution No. 453, s. 2002 dated
September 10, 2002 otherwise known as the Revised Policy on Original and
Promotional Appointment to Career Executive Service (CES) Ranks
prescribing new rules and procedures;

WHEREAS, in substantial departure
from the old policy on appointment to CES ranks, where the specific CES
rank to which a CES official is originally appointed is determined by
the position the said official is currently holding at the time the
appointment is made, CESB Resolution No. 453, s. 2002 provides that
henceforth all original appointments to CES ranks shall start at CESO
VI;

WHEREAS, major policy changes are also introduced in the adjustment to CES Ranks of CESOs
appointed to higher CES positions upon the adoption of CESB Resolution
No. 453, s. 2002 requiring that they meet certain criteria prior to
their adjustment which is now referred to as promotion in CES ranks
under the said resolution;

WHEREAS, there are CES Eligible occupying CES positions scheduled for appointment to CES ranks and CESOs
due for adjustment or restoration of their CES ranks who will be
affected by the new policy adopted by the Board on original and
promotional appointment to CES ranks;

WHEREAS, Executive Order No. 200
dated June 18, 1987, which repealed Article 2 of the New Civil Code
provides that “Laws shall take effect 15 days following the completion
of their publication either in the Official Gazette or in a newspaper of
general circulation in the Philippines, unless it is otherwise
provided” and pursuant thereof all laws including administrative
circulars, rules and regulations should be given prospective
application;

WHEREAS, the Board, in its October 8, 2002 meeting decided that, in adherence to the prospectivity principle enshrined in the aforequoted law, all CES Eligible occupying CES positions and CESOs,
who are set for adjustment or restoration of their CES ranks, and have
completed all the requirements for appointment, adjustment or
restoration of their CES ranks prior to the effectivity of CESB Resolution No. 453, s. 2002, shall be covered by the existing policies of the Board;

WHEREAS, in view of the new policy
on original and promotional appointment to CES ranks, the Board also
deemed it necessary to establish clear cut policy on security of tenure
in the CES;

WHEREFORE, the abovementioned
premises considered, the Board RESOLVES, as it is hereby RESOLVED, that
all Career Executive Service (CES) Eligibles and Career Executive Service Officers (CESOs),
who are due for recommendation by the Board for either appointment,
adjustment, promotion or restoration of their CES ranks to the
President, as the case may be, and are affected by the implementation of
the Revised Policy on Original and Promotional Appointment to CES Ranks
(CESB Resolution No. 453, s. 2002), shall be governed by the following
transitory guidelines adopted by the Board;

1.         All CESOs and CES Eligibles
covered by this resolution are required to submit all the necessary
requirements specified under existing policies before the Board
recommends them for appointment, adjustment, promotion or restoration of
their CES ranks to the President, as the case may be, not later than
thirty (30) days from the effectivity of CESB Resolution No. 453, s. 2002.

2.         Consequently,
those who failed or refused to comply with the requirements within the
time prescribed in the preceding paragraph, despite due notification,
shall be recommended by the Board to the President either for
appointment, adjustment, promotion or restoration of CES rank, whichever
case may be, based on the rules and procedures expressed under the new
policy adopted by the Board on original and promotional appointment to
CES rank (CESB Resolution No. 453, s. 2002).

3.         In
the case, however, of adjustment to CES Ranks, the Board requires a
CESPEC rating of “Very Satisfactory” in the year immediately preceding
their request for the adjustment of their CES ranks.  However,
those who have obtained a CESPES rating of at least “Satisfactory” may
still be recommended by the Board to the President for an adjustment of
their CES ranks, provided they obtain an endorsement letter from the
Department Secretary or Agency Head in lieu of the “Very Satisfactory”
CESPES rating, and provided further that the said endorsement letter
shall be secured by the CESO concerned within the period specified in
item no. 1 of this resolution.

RESOLVED FURTHER,
that the Board adopts the following rules in determining security of
tenure in the Career Executive Service (CES) pursuant to CESB Resolution
No. 453, s. 2002:

1.         CESOs
are those who were conferred CES Eligibility by the Board, assigned to a
CES position, and appointed to a CES rank by the President upon
recommendation by the Board;

2.         Only CESOs
regardless of the CES position they occupy or the rank level to which
they are appointed to, are considered as permanent employees and are
guaranteed security of tenure in the CES;

3.         CESOs may only be separated from the service for cause, after due process or voluntary resignation, or dropping from the rolls.

RESOLVED FURTHERMORE,
that this resolution shall take effect after fifteen (15) days from its
publication in the Official Gazette or newspaper of general circulation
in the Philippines.

Adopted: 5 Nov. 2002