OMNIBUS POLICY ON THE COVERAGE OF THE CAREER EXECUTIVE SERVICE (CES)

WHEREAS, 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, a Career Executive
Service is created to form a continuing pool of well selected and
development oriented career administrators who shall provide competent
and faithful service;

WHEREAS, under paragraph 2, ibid., the Career Executive Service
Board, hereinafter referred to as the Board, is created to serve as the
governing body of the Career Executive Service, which shall promulgate
rules, standards and procedures on the selection, classification,
compensation and career development of members of the Career Executive
Service;

WHEREAS, Sec. 8 (2), Chapter 2, Subtitle A, Title I, Book V of the
Administrative Code of 1987 provides that “(e)ntrance to the third level
shall be prescribed by the Career Executive Service Board”;

WHEREAS, Section 8, Chapter 2, Subtitle A, Title I, Book V of the
Administrative Code of 1987 provides that classes of positions in the
career service shall be grouped into three major levels:

a. The first level shall include clerical, trades, crafts, and
custodial service positions which involve non-professional or
sub-professional work in a non-supervisory or supervisory capacity
requiring less than four years of collegiate studies;

b. The second level shall include professional, technical, and
scientific positions which involve professional, technical, or
scientific work in a non-supervisory or supervisory capacity requiring
at least four years of college work up to Division Chief level;

c. The third level shall cover positions in the Career Executive Service;

WHEREAS, Section 7 (3), Chapter 2, Subtitle A, Title 1, Book V of
the Administrative Code of 1987, expressly provides that the career
service shall include positions in the Career Executive Service; namely:
Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau
Director, Regional Director, Assistant Regional Director, Chief of
Department Service and other officers of equivalent rank as may be
identified by the Career Executive Service Board, all of whom are
appointed by the President;

WHEREAS, pursuant to paragraph 5 (c) Article IV, Part III of the IRP
which provides that “(a)ppointment to appropriate classes in the Career
Executive Service shall be made by the President from a list of career
executive (service) eligibles recommended by the Board..”, the phrase
“all of whom are appointed by the President” does not limit the coverage
of the Career Executive Service. Such appointment refers to appointment
to ranks in the CES as distinguished from appointment to position;

WHEREAS, the power of the Career Executive Service Board to identify
and classify other executive positions as part of the Career Executive
Service is recognized by the Supreme Court in the case of HIGC vs. CSC,
220 SCRA 148 G.R. No. 95450 dated March 19, 1993;

WHEREAS, the need to identify and classify other executive positions
as part of the Career Executive Service is made more imperative by the
fact that Section 8 (b), Chapter 2, Book V of Administrative Code of
1987 limits the supervisory positions in the second level up to Division
Chief only, to wit, “(t)he second level shall include professional,
technical, and scientific positions which involve professional,
technical, and scientific work in a non-supervisory or supervisory
capacity requiring at least four years of collegiate work up to Division
Chief level”;

WHEREAS, a literal adherence to the above limitation in the law will
place in limbo, the classification and status of many other executive
and managerial positions above the level of Division Chief especially in
other offices outside of the regular executive departments including
government-owned and controlled corporations where position titles for
executive or managerial positions do not follow the position titles
identified in the law as CES positions;

WHEREAS, to paraphrase Justice Malcolm in the case of Bonifacio Ysip
vs. Municipal Council of Cabiao, Nueve Ecija, et. al, G.R. No. L-18947,
between a strict and literal interpretation of the law and a liberal and
reasonable interpretation of the la w, the obvious choice would be, the
spirit of the law which “giveth life” over the letter of the law which
“killeth”;

WHEREAS, in the most recent case of Jose Pepito M. Amores vs. Civil
Service Commission, et al, G.R. 1700093, promulgated on April 29, 2009,
the Supreme Court upheld the requirement for CES eligibility and for an
incumbent to be appointed to CES rank by the President to complete the
official’s membership in the CES and be conferred security of tenure –
referring to the Petitioner in this case, a non-Presidential Appointee –
who was occupying the position of Deputy Director which was classified
by the CESB as a CES position;

NOW, THEREFORE, foregoing premises considered, the Board RESOLVES, as
it is hereby RESOLVED, to reiterate and adopt the following policies on
the coverage of the Career Executive Service:

1. The Career Executive Service shall be governed by the Career Executive Service Board (CESB).

2. The CES covers managerial and executive positions above division chief level regardless of the appointing authority.

3. The legal mandate to prescribe and administer the CES
eligibility examinations as basis for conferment of third level
eligibility is solely vested in the CESB.

4. Positions covered by the Career Executive Service. The following positions are covered by the Career Executive Service:

(a) The Career Executive Service includes the positions of
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;

(b) Unless provided herein or otherwise, all other managerial or
executive positions in the government, including government-owned or
controlled corporations with original charters are embraced within the
Career Executive Service provided that they meet the following criteria:

i. the position is a career position;
ii. the position is above division chief level; and,
iii. the duties and responsibilities of the position require the performance of executive or managerial functions.

5. Positions Excluded from the Coverage of the Career Executive Service – The following executive and managerial positions are excluded from the coverage of the Career Executive Service:

a. Managerial and executive positions which have fixed term of
office as provided for in the charter of the agency or as specified by
law;

b. Managerial and executive positions in the non-career service which include the following:

i. Elective officials and their personal or confidential staff;

ii. Secretaries and other officials of cabinet rank who hold
their positions at the pleasure of the President and their personal or
confidential staff;

iii. Chairman and members of commission and boards with fixed terms of office and their personal or confidential staff;

iv. Contractual personnel or those whose employment in the
government is in accordance with a special contract to undertake a
specific work or job; and,

v. Emergency and seasonal personnel.

c. Managerial and executive positions in the national government
belonging to the closed career system which are administered by special
bodies such as the Foreign Service, Philippine National Police, State
Colleges and Universities unless otherwise provided in their respective
charters, the Scientific Career Service and the like.

d. The position of Head Executive Assistant.

6. Status of Incumbents of Positions Included Under the Coverage of the CES – Incumbents
of positions which are declared to be Career Executive Service
positions for the first time pursuant to this Resolution who hold
permanent appointments thereto shall remain under permanent status in
their respective positions. However, upon promotion, appointment or
transfer to other Career Executive Service positions, these incumbents
shall be under temporary status in said other Career Executive Service
positions until they qualify.

7. Exemption from the coverage in the Career Executive Service – An
agency may request the Board that a position be declared a non-CES
position if the head of the agency believes that said position does not
properly belong in the Career Executive Service. A request for exemption
should be filed with Career Executive Service Board accompanied by
appropriate justifications. Upon receipt of such request, the Board
shall issue a decision on the matter within a reasonable time.

8. Positions in Local Government Units. Managerial
and executive positions in local government units are, for the
meantime, excluded from the coverage of the Career Executive Service.

9. Repealing Clause – All circulars, policies, issuances inconsistent herewith are hereby repealed.

10. Separability Clause – If any section or part
of this resolution shall be held to be invalid, the remaining provisions
shall be given full force and effect as if the part held invalid had
not been included therein.

11. Effectivity Clause – This resolution shall
take effect after fifteen (15) days following its publication in the
Official Gazette or newspapers of general circulation in the
Philippines.

Adopted: 18 May 2009

(SGD.) BERNARDO P. ABESAMIS Chairperson
(SGD.) MARIA PAZ W. FORONDA Vice Chair
(SGD.) ELMOR D. JURIDICO Member	(SGD.) ANTONIO D. KALAW, JR. Member
(SGD.) ROLANDO L. METIN Member	(SGD.) JAIRUS D. PAGUNTALAN Member
Attested by:
(SGD.) GLENN NIÑO M. SARTILLO Board Secretary