Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

Fificenth Congress
First Regular Session

nouse iL. No. 8740

Introduced by HON. RENE LOPEZ RELAMPAGOS
1 District, Bohol

EXPLANATORY NOTE

The Career Executive Service (CES) operates on the rank concept. This concept was
introduced in the Philippines in 1972. Career Executive Service Officers (CESOs) are appointed
to ranks and only assigned to CES positions. As such, they can be reassigned or transferred [rom
one CES position to another and from one office to another but not oftener than once every two
(2) years. ‘The CES is like the Armed Forces and the Foreign Service where the officers are also
appointed to ranks and assigned (© position, The CES was created in accordance with
Presidential Decree No. 1 [adopting the Integrated Reorganization Plan (IRP)] dated September
24, 1972. It was established to “form a continuing pool of well-selected and development
oriented career administrators who shall provide competent and faithful service.” The
Commission en Reorganization explained that the creation of the CES is intended to p-event the
filling-up of higher administrative positions on considerations other than merit and demonstrated
competence, thus. senior administrators/managers/executives shall be carefully sei-cied on the
basis of high qualifications and competence, skilled in both techniques and pocesses of
management, ‘These considerations are clearly intended to professionalize the third level
es of the bureaucracy thereby putting a stop to the pernicious practice of th. “spoils

Part Ii, Article [V of the IRP created the Career Executive Service Board (CESB) to
serve as the governing body of the CES with the power to promulgate rules, standards and
procedures on selection, classification, compensation and eareer development of members of the
Cl

The CES is the third level or the manageria! class in the group of career positions in the
Philippine Civil Service. The CES is also a public’ personnel system program but separate from
the program for the first and second levels of positions in the Philippine Civil Ser

Book V, Title IA, Chapter 2, Sections 6, 7 and 8 of the Administrative Code of 1987
provides, among others, that the Civil Service, which embraces all branches, <-ubdivisions,
instrumentalitics, and agencies of the government, including government-owned-
corporations with original charters, is classified into career and non-career service.
service shall be characterized by (1) entrance based on merit and fitness to be deter
as practicable by competitive examination, or based on highly technical qualific:
opportunity for advancement to higher career positions; and (3) security of tenure.

Book V. Title 1 A, Chapter 2, Section 3 of this Code also provides that the position:
the Carver Exeeutive Service cover the positions of Undersecretary. Assistant Secretary, Bureau
Director. Assistunt Bureau Director, Regional Director, Assistant Regional Director. Chief of
Department Service and other officers of equivalc + rank as may be identified by the CESB, all
whom are appointed by the President. Under the Office of the President (OP) Memorandum



Circular No. 796 dated January 17, 1975, ranking Structure as recommended by the CESB, was
approved establishing CESO ranks 1 to V corresponcing to the positions just enumerated, Later,
under OP Memorandum Order No. 372 dated July 3, 1991, the ranking structure was modified
by adding CESO rank VI and prescribing the Salary Grade corresponding to each rank, In other
words, positions in the CES are career positions above division chief level that exercise
managerial functions.

‘The CESB issued in the past various policy resolutions and reforms by automatic grant of
ranks despite lack of adequate managerial preparations as basis for security of tenure in the CES
which at times gave rise to inequities among members of the CES who rose from the CESO
ranks.

As explained by the Supreme Court in the recent case of Amores vs. Civil Service
Commission, G.R. No. 170093, April 29, 2009, “Security of tenure in the career executive
service, which presupposes a permanent appointment, takes place upon passing the Career
Executive Service (CFS) examinations administered by the CES Board, conferment of the C
eligibility is done by the CES Board through a formal board resolution after an evaluation has
been done of the examinee’s performance in the four (4) stages of the CES eligibility
examinations, Upon conferment of CES eligibily and compliance with other requirement
prescribed by the Board, an incumbent of a CES position may qualify for appointment to a C
rank, Appointment to a CES rank is made by the President upon the Board’s recommendation
It is this process which completes the official's membership in the CES and confers on him
security of tenure in the CES. Clearly, for an examinee or an incumbent to be a member of the
CES and be entitled to security of tenure, she/he must pass the CES examinations, se conferred
CES eligibility, comply with the other requirements prescribed by the CES Board and be
appointed to a CES rank by the President.

This bill seeks to strengthen and rationalize appointments and promotions in CE:
position. It also seeks (0 rationalize and streamline the membership in the CESB that is
mandated to issue rules, standards and procedures in the recruitment, selection, assiznment to
positions, classification, compensation, mobility, performance management, tour of duty, career
development of the Career Executive Service Officers (CESOs) and Carcer Executive Officer
Bligibles (CEOE) and create the positions of at. Executive Director and Assistant F
Director and operating divisions headed by CESOs who will assist the CESB in its functions and
duties.

In view of forming in the near term a continuing pool of well-selected and development-
oriented career public administrators/managers/executives who shall provide our country
competent and faithful service, the approval of this bill is earnestly sought.

RENE LOPEZ RELAMPAGOS



Republic of the Philippines
HOUSE OF REPRESENTATIVES
ity, Metro Manila

Introduced by HON. RENE LOPEZ RELAMPAGOS

1* Distriet, Bohol

AN ACT
TO STRENGTHEN AND RATIONALIZE THE CAREER E°
ERVICE IN THE PHILIPPIN:

(CUTIVE

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

ARTICLE T

GENERAL PROVISIONS

ECTION 1. Title. ~ This Act shall be known as the “Career Executive Service Act
of 2010."

SEC. 2. IL is the State policy under the 1987 Constitution to continue the search for the
perfect Civil Service System. It is said that general objective of a civil service system is to
establish and promote professionalism and efficiency in public service ‘This is also the object of
the Civil Service system under the present Constvtution.

Section 2, Art. IXB is the basis for classifying positions in the civil service into the
competitive and non-competitive positions. The non-competitive positions are those which by
their nature are policy-determining, primarily confidential, or highly technical. (As confirmed by
the 1986 Constitutional Commission Id. 570-572). In the comment of Fr. Joaquin G. Bernas,
S.J., one of the members of the 1986 Constitutional Commission and noted constitutionalist, “the
competitive and non-competitive positions roughly correspond to the classification, in the Civil
Service Code, P.D. No. 807 (now embodied in Book V, Chapter 2, of the Revise: ninistrative
Code of 1987) into Career and Non-Career Service. Section 5 of the Code says: “The Career
ervice shall be characterized by: (1) entrance based on merit and fitness to be determined as far
as practicable by competitive examinations, or based on highly technical qualifications; (2)
opportunity for advancement to higher career positions; and (3) security of tenure.” Section 6
says: “The Non-Career Service shall be characterized by (1) entrances on bases other than those
of the usual tests of merit and fitness utilized for the career service; and (2) tenure which is
limited to a period specified by law, or which is coterminous with that of the appointing
authority or subject to his pleasure, or which is simited to the duration of a particular project for
which purpose employment was made.” ( Joaquin G. Bernas, S.J., The 1987 Constitution of the
Republic of the Philippines: A Commentary (2009 ed., p. 1052) ‘Thus. the appointment to the
Career Service demands more stringent qualifications than the Non-Career levels. This is due to
the fact that the government depends so much on its executives in carrying out successfully its
policies, programs and projects for the improvement of quality of life of the Filipino people.



SEC. 3. Coverage. ~ This Act shall cover the executive/managerial class of third level in
the civil service which constitutes the Career Executive Service System all branches,
subdivisions, instrumentalities, and agencies of the government, including chartered institutions,
government-owned or controlled corporations with original charters,

SEC. 4,

ay follows:

. Definition of Terms. As used in this Act, the following terms shall be defined

(a) “Third Level Position or the Managerial Class” refers to the positions ot
Underseeretary, Assistant Secretary, Bureau Directors, Assistant Bureau Directors. Regional
Nirectors, Assistant Regional Directors, Chief of Department Service and other officers of
equivalent rank in the Executive Department as may be identified by the Carecr Executive
Service Board (CESB), other officers of equivalent rank in the iegislative and constitutional
commissions and offices, local government and autonomous regions, all of whom are appointed
by the President of the Philippines exept judges and justices, as the case may be, of the
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Courts, Regional Trial
Courts, Special Courts such as but not limited to Special Criminal Courts, Family Courts,
Shari'ah Appellate Courts, Shari'ah District Courts, Shari’Circuit Courts, Court of Appeals,
Court of Tax Appeals, Sandiganbayan and Supreme Court and elected officials of local
yovernments and autonomous regions and Chairpersons and Commissioners of Constitutional
Commissions.

(b) “Career Executive Service System (CESS)” refers to the sysiem_ of
professionalization and career development of the managerial class of the third level es defined.
in Section 4 (a) of this Act in the career service.

ESB)” refers to an agency attached to the Civil
ervice Commission that is the governing body of Career Executive Service and is mandated to
promulgate and implement rules, standards and procedures on the selection, classification,
compensation and career development of members of the career executive service under the
Career Lxecutive Service System.

(c) “Career Executive Service Board (C!

(d) “Career Executive Service Officer (CESO)” refers to a person who passed the CLS
examinations administered by the CESB and who is conferred of CES eligibility and whose
name is included in the roster of CES eligibles and qualifies for appointment to a CES rank by
the President of the Philippines upon the CESB’s recommendation.

(c) Career Executive Service Eligibles (CESE)” refers to a person who passed the
CES examinations administered by the CESB but is not yet conferred with CES eligibility and
his/her name is not included in the roster of CESO eligibles.

(8) “Career Executive Service (CES) Rank” refers to the appointment to a rank by the
President of the Philippines upon the recommendation of the CESB afier the conterment of CES
cligibility and compliance with other requirements prescribed by the CESB.

(g) “Mobility” refers to the movement of a CESO from one position to another without
reduction in rank and salary

ARTICLE IL

CAREER EXECUTIVE SERVICE SYSTEM

The Career Executive Service System (CESS). The Career Executive Service
System (CESS) shall cover all managerial positicrs in the third level as defined in Section 4 (a)
of this Act in the executive, legislative and judicial departments, including constitutional
commissions and offices, local governments and autonomous regions and such other equivalent
positions as may be identified by the CESB, Selection and advancement to position in the



shall be based on merit and fitness which include demonstrated managerial competence,
performance, responsibility, leadership qualities. integrity, and other personal qualifications
relevant to the position to be held and other requirements as may be prescribed by the CESB.

SEC. 6. Career Executive Service Board. — A Career Executive Service Board
B) referred to here as the Board, under the administrative supervision of the Civil Service
ion (CSC), referred to here as the Commission, is created. The CESB shall be
composed of the Chairman of the Commission as the Board’s ex-officio Chairperson and three
(3) ex-officio members namely: the Secretary of the Department of Budget and Management
(DBM) or his/her permanent representative not lower than the rank of an Undersecretary; the
President of the Development Academy of the Philippines (DAP) and the Dean of the National
College of Public Administration and Governance of the University of the Philippines (UP). The
Board shall also include three (3) members to be appointed by the Chairperson for a term of
(6) years without reappointment, namely: a representative of a nationwide association of CE’
duly accredited by the CESB; a representative of a nationwide association of personnel manage
in the private sector duly accredited by CESB, in which both representatives shall be nominated
by their respective association, and one (1) representative of a nationwide association of retired
CESOs duly aceredited by the CESB who is thoroughly familiar with the principles and methods
of human relations and personnel administration. The Chairperson and all the six (6) members
of the Board shall be entitled with per diems for every meeting duly called by the CESB and
allowances as may be determined by the Commission.

7. Powers and Functions of the CESB. The Board shall be the governing body
of the CES. The CESB is mandated to promulgate rules, standards and procedures in the
recruitment, selection, to positions, classification, compensation, mobility,
performance management, tour of duty, rewards and incentives, and training and career
development of CESOs and CES Eligibles.

SEC. 8. Office of the CESB Specialized Division (OCESBSD). The Office of the
CESB Specialized Division shall serve as the CESB Secretariat with its own administrative and
financial components le for the implementation of the policies, rules,
regulations, decisions, directives and instructions pertaining to the third level of the career
executive service promulgated by the CESB and the day-to-day affairs of the CESB. An
Executive Director shall head the OCESBSD and shall be assisted by a Depucy Executive
Director, both of whom shall be CESOs with a rank of at least CESO Il, and both shall be
appointed by the CESB.

‘The OCESBSD shall have at least the following six (6) operating divisions each of which
is tasked to handle specific program(s) and shall be headed by CESOs with appropriate CESO
ranks, namely:

1) Recruitment, Selection, Appointment and Compensation;
2) Placement, Training and Career Development

3) Performance Evaluation Service;

4) Research and External Relations Service;

5) Legal Service; and

6) Finance and Administrative Service.

The head of these divisions shall be appointed by the CESB and their duties and
functions shall be determined and promulgated by the CESB to carry out the provisions of this
Act.

ARTICLE IT

EXAMINATIONS, APPOINTMENT TO CAREER EXECUTIVE SERVICE
RANK, ASSIGNMENT TO A CAREER EXECUTIVE SERVICE POSITION,
COMPENSATION AND POLICY STANDARDS:



IN THE CAREER EXECUTIVE SERVICE SYSTEM

SEC. 9 Stages of Career Executive Service Examinations. Unless modified or
ed unanimously by the Chairperson and all the members of the CESB as a collegial body,
the CFS examinations shall he administered by the CESB and the eligibility resulting from the
examinations shall be called Career Executive Officer (CEO) Eligibility. The CEO examination
system shall have four (4) stages, namely:

chang

a) ‘The Written Examination — this examination intends to measure the applicant's
aptitude and competence and to predict job performance. ‘The test will cover the fallowing
competency areas: Verbal Ability, Analytical Ability and Managerial Ability. Only those who
meet the cut-off score for the Written Test shall proceed to the next stages of the CEO
Examination

Only those who will pass the Written Examination and have at least two (2) supervisory
experience shall proceed to the Assessment Stage. Those who will not meet the supervisory
experience requirement will only qualify to proceed to the Assessment Stage once they meet the
said requirement. Supervisory functions pertain to directing and approving the work outputs of
concerned employees; delegating functions to the staff; monitoring and rating employees?
performance based on the duly approved performance targets/plans; and supervising the unit or
section/division based on the staffing pattern or organizational structure.

‘The attainment by the examinee of Master of National Security Administration (MNSA)
conterred by the National Defense College of the Philippines under Executive Order No. 696
issued on May 27, 1981, as amended by Executive Order No. 771 issued on December 21, 1988
and/or Master of Public Safety Administration (MPSA) Degree conferred by the Philippine
Public Safety College shall merely accredit him/her the equivalent passing of the Written
Examination and that graduates of both programs interested to acquire CES eligibility and CES
rank may proceed to the second stage of the CES eligibility examination process and the other
stages of the examinations in accordance with CESB’s policies and regulations. If the examinee
as MNSA and/or MPSA degree holder passed the other three (3) stages of the CES examinations
and is conferred CES eligibility, he/she could qualify for appointment CES ranks provided that
he/she meets and complies with the other requirements of the CESB and the Office of the
President to quality for rank appointment

b) Assessment Stage. This stage shall focus on capacity and character expected of
government managers and executives. The assessment shall determine whether the applicant has
the capacity to advance to managerial duties and responsibilities and to grow and develop in the
bureaucrac’

c) Interview Stage. This stage shall be a one-on-one interview by the interviewer with
the applicant. The Chairperson and members of the CESB shall conduct personally the
interviews,

d) Performance Validation Stage. The validation of performance shall be a process
where the applicant’s capacity to perform managerial functions and the applicant's character (i
¢. potential Jeadership qualities, integrity on the job, loyalty to the government, lifestyle check,
etc.) based on the records of accomplishments, and interview of key informants are validated by
a qualified evaluator.

SEC. 10. Admission Requirements to the CEO Examinations. Applicants must have
completed at least a bachelor’s or undergraduate degree in public or private schools, colleges or
universities recognized by the Commission of Higher Education of the Philippines offering arts,
humanities, natural and social sciences and technology. The CEO Examinations shall be open to
the following applicants:



1. From the Government Sector, Career and Non-Career:

a) Those occupying second level positions with salary grade of at least twenty four (24);

b) Those occupying CES third level and comparable positions but are not CESOs or CE:
cligibles;

©) Those trom the uniformed service of the public safety sector with the rank of at least
Senior Inspector or its equivalent and from other uniformed services of comparable rank; and

d) ‘Those occupying the rank of a Captain or higher in the Armed Forces of the
Philippines:

Proprietors in the private sector who are performing managerial/supervisory functions
for at least two (2) years

3. Citizen of the Philippines:

4, Must be of good moral character;

5. Has not been convicted by final judgment of an offense or crime involving moral
turpitude, or infamous, disgraceful, or immoral conduct. dishonesty, examination irregularity,
drunkenness or addiction to drugs;

6. Has not been dishonorably discharged
from any civilian position in the government;

7. Applicants with pending administrative and/or criminal cases may take the
examination and will be conferred eligibility if they suecessfully pass the same. However, this is
Without prejudice to the outcome of their pending case. If they are found guilty of grave
offenses, their eligibility shall be forfeited based on the penalties stated in the decision and the
provision of Section 58 (a) of the Uniform Rules on Administrative Cases in the Civil Service
and CSC Resolution No. 010659, dated March 22, 2001.

m military service or dismissed for cause

SEC. 11. Career Executive Officer (CEO) Eligibility. The CLSB shall confer the
CEO Eligibility, which is appropriate for appointment to third level positions in the government,
on those who will pass all stages of the CEO eligibility examinations process.

SEC. 12. Appointment to Career Executive Serviee Officer (CESO) Rank. Upon
conterment of CEO eligibility by the CESB through a formal board resolution after an evaluation
has been done of the examinee’s or incumbent of a CES position performance in the four stages
of the CES eligibility examinations in Section 10. of this Act and after compliance with the
requirements prescribed by the CESB, one who is a presidential appointee and occupying a CES
position, may qualily for appointment to a CESO rank by the President of the Philippines upon
the recommendation of the CESB. An examinee or an incumbent of a CES position ray qualily
for appointment to a CES rank. Appointment to a CES rank is made by the President of the
Philippines upon the Board’s recommendation. It is the process which completes the official's
membership in the CH

SEC. 13. Career Executive Ranking Structure. The Cl
concept. There are six (6) CESO ranks in the CES ranking structure, as

operates on the rank
follows:

‘The appropriate CESO rank to which a CES eligible may be appointed depends on three
(3) major criteria, namely: 1) Broad levels of Responsibility; b) Personal Qualifications; and 3)
Demonstrated Competence. The major criteria are determined by the official’s performance
rating obtained in the annual Career Executive Service Performance Evaluation System
( CESPES) conducted by the CESB and on the level of the general duties and responsibilities
which an eligible have performed or is performing as follow:

Level of Duties and Responsibilities Salary Grade Rank Equivalent
If level of managerial responsibilities are
Comparable to that of an Undersecretary SG 30 I

If comparable to that of an Assistant
Secretary SG 29 Wl


If comparable to that of a Bureau
Director or a Department Regional

Director M1
If comparable to that of an Assistant

Bureau Director or a Department

Assistant Regional Director 8G27 Vv
[f comparable to that of a Bureau

Regional Direetor SG 26 v

If comparable to that of a Bureau

Assistant Regional Director VI

The six rank levels (CESO I-VP) are given the corresponding salary grades ranging from
salary grade 25-30, CESO rank I shall be the highest rank with an equivalent salary grade of 30,
while CESO rank VI shall be the lowest rank with an equivalent salary grade of $0 rank
levels I, II and UL shall be considered Senior CESO rank levels and occupants thereof shall be
known as Senior CESOs.

Original appointment to CESO ranks shall be made by the President of the Philippines
from a list of CES eligibles recommended by the CESB. CES Eligibles (after compliance with
the prescribed requirements) occupying CES positions may be appointed by the President of the
Philippines to CESO ranks. The entry rank in the career executive service shall be CESO. rank
VI regardless of the positions to which they are eccupying.

SEC. 14. Promotional Appointments to CESO Ranks. Promotional appointment of
CESOs to the next higher CESO ranks shall be made by the President of the Philippines upon the
recommendation of the after compliance with the requirements it has prescribed therein
CESOs shall be allowed to grow in CESO rank as they grow professionally and improve in
competence, even if, overtime, they remain to occupy the same positions. In the case, however,
of CESOs who already have the rank of CESO IV shall be required, in addition to the other
requirements preseribed by the CESB, to hurdle the Senior Career Executive Officer Assessment
Program (SCAP) as part of the screening process before they can be considered for promotion to
) rank HII (Senior CESOs).

SEC. 15. DEACTIVATION AND REACTIVATION OF CESO RAN
shall be two (2) classes of CESOs in the CES, namely: the CESOs in active and C
inactive status. CESOs in active status are those who are occupying CES positions, On the other
hand, CESOs in inactive status are those who no longer occupy CES positions as a result of any
mode of separation from the government service, provided that such separation is not due to
dismissal from the service for cause.

The three (3) modes by which the CESO ranks of CESOs shall be deactivated from the
CES are as follows: 1) Acceptance of a position which the appointment is outside the coverage
of the CES: 2) Dropping from the rolls of government officials and employees: 3) Other modes
of separation from the CES, provided that separation from the CES resulting from dismissal from
the service for cause and after due process shall result in the loss of CESO rank anc shall not be
considered as a mode of deactivation.

However, upon re-entry in the CES, CESOs may submit a written application to the
SB for the reactivation of their CESO ranks afier six (6) months counted from the date
their appointment to CES positions.



SEC. 16. CES Compensation. 1) Salaries of CESOs. CESOs shall be entitled to the
salary attached to their CESO ranks. CESOs who are appointed to CES positions with salaries
higher than that of their CESO ranks shall receive the salary attached to their positions,
Meanwhile, CESOs who are appointed to CES positions with salaries lower than that of their
CESO ranks shall continue to be entitled to the salaries attached to their CESO ranks. Moreover,
the salaries of CESOs starts at step 2 of the salary grade of their CESO ranks.

2) Salaries of non-CESO Incumbents of CES Positions. Incumbent of CES positions who
are not CESOs shall receive the salaries of their CES positions. Their salaries shall start at step |
of their salary grades

SE Pea ELECTION FOR APPO\NTM! FIELD OF RECRUITMENT;
ECURITY OF TENURE. Selection for appointment to a position in the CES is based on.
merit and fitness which includes demonstrated managerial competence, leadership) qualities,
integrity and other personal qualifications relevant ‘o the position.

An appointee to a CES position can come either from within government or from private
sector, CESOs are appointed to ranks and only assigned to CES. positions.

The appointee may also be recruited from the private sector and for his first job in the
government. Appointment to a CES position does not automatically make the appointee a
CESO, To become a CESO, the appointee must be one as defined in Section 12 of this Act.

The acquisition of security of tenure under this Act which presupposes a permanent
appointment in accordance with Section 27 (1) of the Civil Service Law, takes place upon
passing the CES examinations administered by the CESB in accordance with Section 10 of this,
Act. It is that which entitles the examinee or non-CESO incumbent of CES position w
conferment of CES eligibility and the inclusion of his/her name in the roster of CES cligibles.
Conterment of the CES eligibility is done by the CESB through a formal board resolution after
aan evaluation has been done of the performance of the examinee’s or non-CESO incumbent of
CES position in the CES eligibility examinations. Upon conferment of the CES eligibility and
compliance with the other requirements prescribed by the Board, an examinee or non-CESO
incumbent of a CES position may qualify for appointment to a CES rank. Appointment to a CES
rank is made by the President of the Philippines upon the CESB's recommendation, It is this
process which completes the official's membership in the career executive service and confers
upon him/her security of tenure in the career executive service.

Appointee or non-CESO incumbent of a CES position who failed to pass the above CES

ions, be conferred CES eligibility, and to comply with the other requirements prescribed
by the CESB and be appointed to a CES rank by the President of the Philippines shall not be
entitled to security of tenure and his/her appointment or incumbency to the CES position shall be
considered temporary in nature which shall be vacated effective immediately and shall be
replaced at any time by a CESO with appropriate rank for the vacated CES position.

SEC, 18. Mobility or Reassignment and/or Transfer of CESOs. The CES shall
operate on the rank concept and CESOs shall be appointed to ranks and assigned to CES
position. As such, the CESOs may be reassigned or transferred from one CES position to
another and from one office to another. However, Ihe reassignment and/or transfer by the Head
of agency ot office of the CESOs who are appointed by the President to CES positions in various
department and agencies covered by the CES including those in government and controlled
corporations with original charters shall be subject to the following rules

a) The reassignment and/or transfer can be made but not ofiener than once every two (2)
years;

b) It shall be made in good faith and only in the exigency of public service:

c) It shall be made to existing, vacant and equivalent or higher CES plantilla positions,
which require the same expertise possessed by the CESOs concerned;


4) It shall not result in the reduction of ranks or salaries
allowances and privileges received prior to their reassignment or transfer;

e) Reassignment and/or transfer to 4 non-CES positions shall be void. However, such
reassignment and/or transter may be allowed, provided, it is made in good faith and in the
exivency of the service; and provided, further, that the same shall be made with a clear
explanation on the specific assignments or work to be performed by the CESOs concerned; and
provided, still further, that the CESO concerned shall be entitled to travelling expenses and daily
settling allowance equivalent to the daily per diems and commutable allowance Jor ‘the entire
period of his/her reassignment and/or transfer in accordance with the Commission on Audit
(COA) rules and regulations on travelling experses if the reassignment and/or transfer will
involve movement of the CESO concerned away from his permanent station pursuant to the
same COA ruies and regulations, and provided, finally, that the reassignment and/or transfer
shall be limited to a period of one (1) year without extension, after which CESOs concerned shall
automatically go back to their respective posts without the necessity of formal office orders
signed by authorized official’.

cluding such other benelits,

1) The existence of any of the following circumstances may be considered as prisna facie
evidence of bad faith and/or grave misconduct of the Head of office or agency or of person(s)
who ordered or caused the reassignment and/or transfer of the CFSO concerned and shall subject
such Head of office/agency or person to administrative disciplinary action which may be brought
betore the Civil Service Commission or the Office of the Ombudsman without prejudice to the
right of the CESO concerned to file the appropriate criminal charges under Rep. Act 3019, as
amended, otherwise known as the Anti-Graft end Corrupt Practices Act and/or civil cases for
damages against the said Head of office or person:

1) Reassignment and/or transfer of CESOs to perform duties and responsibilities of their
positions from a position of dignity to a more ser» le or menial jo!
2) Reassignment and/or transfer to an office not in the existing organizational structure;
3) Reassignment and/or transfer to existing offices but the CESOs are rot given any
duties and responsibilities,
4) Reassignment and/or transfer that is done indiscriminately or whimsically (o harass of
subordinate on the pretext of advancing and promoting public interest; and
jignment and/or transfer where CESOs are replaced by non-CESO eligibles.

The reassignment and/or transfer of CESOs shall be in accordance with the following
procedures:

a) The reassignment and/or transfer of CESOs shall be effected through office orders
issued by duly authorized official/s of the agen2y/office concerned at least thirty (30) days prior

to its effectivity counted from the date of receipt of the said office order by the CESOs
concerned. The reassignment and/or transfer orders shall indicate the justification for such

reassignment and/transfer. The CESO conceruec may appeal within fifieen (15) cays. from
receipt of his/her reassignmentitransfer to th> Office of the President or the Civil Sei
Commission or the proper courts of law if he/she believes that his/her reassignment/transter is
unjust and made under circumstances which are considered in bad faith as provided for in
paragraph (¢) of this Section, During the pendency of his appeal, the transfer/reassignment of
the CESO concerned shail be stayed until such time that his‘her appeal is finally judged to be not
meritorious. ‘The Civil Service Commission and the Office of the Ombudsman shal! be provided
with copies of the reassignment and/or transfer orders duly certified by the authorized officials
concerned: and

b) ‘The transfer of CESOs shall be effected by the issuance of new appointments by the
President of the Philippines. The CESOs, who are to be transferred, shall be notified of their
transfer to another office at least thirty (30) days prior to its effectivity.

ice

SEC. 19. CESB Placement Progra >. The Placement Program of the CESB shall
assist qualified CESOs and third level cligibies for possible appointment to vacant CES
positions. The Program shall also assist. agencicsfoffices in choosing who may qualify for


appointment to vacant CES positions. There shall be at least three (3) activities under the said
placement program. as follows:

a) Preparation of the Shortlist. A shortlist shall be a list of next-in rank CLSOs or third
level eligibles who may be considered for appois.tment to vacant CES positions in a particular
departmentiagen

b) Preparation of Referrals. Referrals shall assist qual SOs and third level
eligibles who have expressed their interest to be appointed to various vacant CES positions, The
CV'SB shall give support to CESOs who wish to vs placed to higher CES position.

©) Preparation of “Bluebooks.” The “Bluebook” shall be prepared by the CESB in
cooperation of the agency/office concerned which shall provide ail the information requested by
the CESB within thirty (30) days from such request. ‘The “Bluebook” shall contain important
data about the said office/agency’s executives, such as, but not limited to, the number and titles
of executive positions in the agency/oftice and their distribution location in the organization; the
incumbents of executive/managerial positions with indication whether their positions are CES in
the managerial class or third level and whether they are CESOs or third level eligibles; existing
vacancies in the departmenV/agency; the pool of third level eligibles who are not occupying
executive/managerial positions and the iatest Career Executive Service Performance Evaluation
System (CESPS) rating of the Department/Agency’s CES offi

The “Bluebooks” shall provide the Secretary/Head of the departmentagency updated
information on the career executives in the department/agency and shall reiterate policies
governing their placements and appointments,

SEC. 20. CESB Training and Caree~ Development Program. The CSB shall
provide training programs that are premised on the need for men and women in the C!
not only good managers but effective leaders as well. The CESB shall line up and provide
trainings and other career development interventions intended to provide a range of perspective,
experience, attitude, knowledge and skills necessary for their effective performance on the job.
The training programs shall envision to raise the level of competency not only of the CESOs but
also the third level eligibles, develop in them a deeper sense of commitment to public service.
and help them understand the CES as a program of government, as a service, a culture and a way
of life. However, in the CES eligibles, only those occupying at least a Division chief position or
its equivalent may participate in the training and human resource development of the CESB.

S who are

Unless modified or changed by the Chairperson and the majority of all the members of
the CESB, the training programs currently provided by CESB shall continue and shall include
the following

1, Executive Leadership Program (ELP) - ‘The ELP follows a three-pronged leadership
| management framework of: knowing one’s self, relating with others and leading the
organization. ‘This framework is translated into three (3) training courses, namely: Salamin ng
Paglilingkod or SALAMIN such focuses on “self,” Diwa ng Paglilingkod or DIWA which
focuses on “others,” and Gabay ng Paglilingkod or GABAY, which focuses on. the
“organization.”

1.1) Salamin ng Paglilingkod (SALAMIN). This course gives the participants the
opportunities to: (a) reflect on their values given their primary roles as family members,
members of the community and government executives; (b) examine their leadership
requirements in the bureaucracy and their organizations and how they would fit into these: (c)
relearn the life, aspirations and struggles of the common “tao” so they can keep themselves
relevant to their clients’ needs; and (d) from these learnings and experiences, refine and
articulate their values and leadership styles, as well as develop a vision and a renewed
commitment to public service

1.2) Diwa ng Paglilingkod (DIWA). This course seeks to enhance participants’ working
knowledge on their interpersonal skills and styles and how they can make use of these
skillsistyles to: (a) elicit productive behavior from their subordinates/teams to achieve public
service excellence; and, (b) positively influsnce their superior’s and peers’ behavior of



cooperation and support. It is also designed to enhance the working knowledge of participants
on interpersonal or people skills to increase individual and organizational productivity. {1 is also
anchored on the importance of participative management and effective teamwork. Only those
who have taken the regular SALAMIN are allowed to participate in the DIWA

1.3) Gabay ng Paglilinkod (GABAY).. This course is designed to provide executives
with a menu of enhancement modules to choose’ from. The learning modules of Gabay cover a
variely of topics aimed at addressing the executives’ needs to remain effective on che job and 10
appreciate government’s policies and programs better. An official must take three (3) modules
of the four (4) modules under Gabay in order to complete the course. ‘These are as follows:

a) Public Service Ethics and Accountability. The workshop design is focused on helping
the participants involve and motivate their staff, and to work with them to bring desired changes
in the work culture of their departments. Its objectives are to promote more ethical and
accountable service to the public and their leaders; and to empower participants to work with
their statf and the public to make the public service work culture more friendly, participative,
efficient and effective,

b) Workshop on Administrative Justice. The three-day workshop aims to provide the
participants with the basic knowledge and skills necessary to properly observe and implement
existing civil service rules and regulations in both administrative discipline and non-disciplinary
matters,

©) Financial Management for Public Managers. ‘This three-day module aims t provide
executives with the tools, techniques, practices aad policies that will enable them to put in place
tures and processes that will strengthen the elements of financial management in their
agencies to ensure the achievement of their objectives thereby addressing the needs of the public
they serve

4) Information and Communication Technology. ‘This three-day module aims to develop
among government executives sufficient knowledge and appreciation of the fundamental uses
and applications of Information and Communication Technology in government operations and
in their everyday life.

CRSB Accredited Training Programs. -The CESB in partnership with reputable
training institutions such as the SGV-Development Dimensions International and Center for
Leadership and Change, Inc., offers several ‘raining programs that address specific leadership
and managerial competencies, such as:

2.1) Problem Analysis and Decision Making. The workshop provides tools that enable
leaders (© solve problems proactively and gain others’ commitment (0 solutions and decisions.
Leaders will make high quality, effective dec‘sions and leam to recognize how personal bias,
tunnel vision and marginal commitment influence decisions.

2.2) Delegating and Monitoring. This workshop develops skills in delegating authority
and tasks (© others. It focuses on delegating styles that evaluate the structure and the process,
The program then builds skills in evaluating, establishing and implementing effective monitoring
system

2.3) ‘The Power Principle Workshop. This workshop teaches a new paradigm of power:
It goes beyond uaditional ideas of force, fear, clever negotiating and deal making. It aims to
help executives tap into their inner source of power, improve influence skills, elicit the highest
and best fiom others and make a difference in the organization

2.4) The 7 Habits for Managers Workshop. ‘This intensive, hands-on, two-day workshop
helps build a strong cadre of leadership cupable of leading with character and competence
Manayers and leaders will lean to define their contribution, develop greater influence, leverage
hidden resources, give constructive feedback, and unleash the full potential of their team against
critical priorities

3. Leaming and Nurturiag Programs. This is CESB’s focal approach to provide more
focused, sustained and bite-sized types of developmental interventions, It aims to provide
avenues for constant infusion of new ways of thinking, leadership and management principles



that would be uscful for the executives as they face their day-to-day challenges specifically at

work and life, in general

Career development program in the CES shail follow a framework that responds (o the
CES olficials’ career development needs from the time they enter the CES up to the preparations
Jor retirement from the service. Thus, it shall aimn to complete their “Lota! person development”
as a CESO, ‘The following career development interventions shall be availed availed by the
CSOs,

1.) CESO Pool Program. ‘This program shall: aim to serve as a safeguard to instability
brought about by change in administration, and to provide an alternative mechanism {o promote
mobility that protect one’s security of tenure and at the same time enhance career and
professional development of a CFSO; restore confidence in the CES, maximize CLSO
performance and showcase innovations and best practices; provide opportunity to develop.
experiment and apply better systems and procedures for performance measurement and
assessment; provide support mechanism for CESOs whose careers and tenure are at risk. The
CUSOs shall be provided a venue for capability building and enhancement and an opportunity to
prove their worth, Entry to the CESO pool shall be compulsory.

2.) Paypupugay at Pasasalamat Program, This is a testimonial held for retiring CESOs
and third level eligibles. It embodies the CESB’s appreciation and gratitude to these officials
who have faced the challenge of serving the goverament at higher echelon and are about (o leave
service. The CESB invites the retirees’ friends and colleagues in the CES to the affair. Retirees
are cach given a plaque in recognition of their long and faithful years of service

3.) Search for Outstanding Career Executive Officers Program. This is an annual
program of the CESB whick recognizes, rewards and promotes performance excellence in the
public service by honoring third level civil servants distinguished for exemplary leadership and
outstanding achievements in their work. Awardees are nominated and chosen through a national
level competition. ‘The Award aims to inspire CESOs and third level eligibles to five up to the
ideals of being accountable and development-oriented public managers who are willing (© bring
change where it is needed, expertise where it is missing and leadership where it is wanting.

SEC, 21, Performance Management. The performance of CES officials shall be
evaluated annually through the CES Performance Evaluation System (CESPES) developed and
administered by the CESB, and installed in al! departments, offices and agencies as part of theit
performance management system focusing on thir¢ level executives.

‘The CESPES shall be geared up for its implementation in all departments. oflices and
aigencies in the government. It shall reflect the entire bureaucracy represented by the third level
as the determining factor of the quality and type of service that the rest of the bureaucracy offers
to the public, I shall also measure the level of accomplishments of CES officials using the
Performance Contract (PC) as well as their behavior competence using the Behavioral
Competency Seale (BCS). The accomplishments (referred to as milestones) shall be categorized
cither Leading and Innovating (LI) or Regular/Routine.

Leading and Innovating (L1) milestones are policies, programs projects, processes or
procedures that the CES officials conceives for the departmentioffice/agency. ‘They are
purposive innovations and reforms which aim 0 improve the quality of the
departmenvoffice/agency's structures, systems, operations and resources. They are “value
adding” measures which are developed and implemented within a given period of time with a
definite start and end. On the other hand, Regular/Routine (RR) milestones are the output of
tasks, functions or activities within the accountabiiity of and performed by the CES officials on
«an established and regular basis in the work se:ting. These may include outputs resulting fom
the performance of technical and administrative functions needed to conduct and sustain day-to-
day work operations in an office.



The percentage of the LI vis-a-vis the RR milestones depends on the position level of the
CES officials and shall be determined by the departmenvioffice/agency. With the higher position
levels, the prescribed percentage range for LI also correspondingly increases. ‘The CES officials
are encouraged and expected to perform increasingly more innovative and pioneering functions
as their respective position level goes higher, which, in a way, describes and justifies why they
deserve the status and salary received.

The CESPES shall include a Supplemental Contract and an Adjusted Performance
Contract. hn instances where performance expectations change at any given point within the
rating period, the Supplemental Contract Form shall be accomplished _ where
revisions/modifications in the milestones can be declared. ‘The Adjusted Performance Contract
must then be prepared at the end of the rating period, just in time for the performance review. It
shall be the final form the Performance Contract which incorporates all changes indicated in the
Supplemental Contract Form,

At the rating time, the superior shall rate the CES officials on the basis of their
mplishments using a rating scale of 1-7, with 7 as “Exceptional,” 6 as “Commendable,” 5 as
“Above Average,” 4 as “Good Solid Performance,” and 3 as “Solid Performance,” 2 as “Below
Average,” and | as “Unacceptable.”

Superiors and subordinates alike shall rate the CES officials on the basis of their
behavioral competence using the Superior and Subordinate Rating Form provided by the CESB.
They shall be given by CESB a questionnaire of at least 30 statements indicating qualities and
tributes of government executives. They shall rate the CES officias depending on how often
these qualities are observed using a scale also of 1-7, with 1 as “Never” and 7 as “Always.”

SEC. 22. Information Dissemination, Government executives may avail of CES
information materials to keep abreast of the least goings-on in the CES and the bureaucracy.

‘The CESB shall publish at least a quarter

ly magazine serving as a forum where CESOs
and third level eligibles are encouraged to examine issues that affect their work in government
Vhis quarterly magazine shall report on the policies, programs, and activities of the CESB and
also features full-length articles on governance and innovations undertaken by various
government departments/offices/agencies and outstanding accomplishments of government
executives

(he CESB shall prepare an Annual Report and shall be published yearly to provide the
necessary updates on programs, projects or even innovations that the CESB has accomplished for
the year in terms of strategic direction and programs.

SEC. 23. External Relations, The CES executives shall be treated to a variety of
interventions designed to promote effective networking and better camaraderie that is seen to
have a positive effect on government programs.

The CESB shall design a program, not only to involve CESOs and third level eligibles, in
meeting its mandate of promulgating rules, standards and procedures in the selection,
classification, compensation and career development of the CESOs and the third level in general
but also to address common issues involving them. The concept of this program shall involve
the selection of a champion within a departmentoffice/agency, preferably a high ranking CSO,
to articulate the issues on welfare and rights of third level executives.

Efforts shall also be exerted to disseminate information through media and press releases
to be sent regularly to major English language newspapers of national general circulation to
inform the general public of the activities of the CES. as well as replies to articles that see print
in the major dailies.


ARTICLE IV
MISCELLANEOUS PROVISIONS,

SEC. 24. Transitory Provisions. - (a) Upon the effectivity of this Act, all CESOs who
were conferred/appointed to CESO ranks under Ariicle IV, Part Il of the Integrated
Reorganization Plan under Presidential Decree No. 1, as amended, shall as a vested right, be
accredited as CESOs under this Act.

(b) CES Eligibles (CESEs) who passed the examinations given by the former CESB and
Career Service Executive Eligibles (CSEEs) who passed the examinations given by the Civil
Service Commission, and who are assigned to positions in the Career Executive System at the
time of the effectivity of this Act, shall be appointed to the CESO entry rank level of CELSO.
Rank VIL

©) Those who possess CES eligibility but are not assigned positions in the CES at the
time of the of this Act shall be accredited as CES eligibles.

(d) CSEEs who have not been assigned to positions in the CLS at the time of the
-ctivity of this Act shall undergo further screening process to qualify as CES Eligibl

(e) ‘The personnel, assets, funds, grants and records of the former CESB secretariat are
transferred to the Office of the CESB Division (OCESBD).

(f) The Chairperson of the Civil Service Commission shall designate an officer-i
pending the appointment of the Head of OCESBD.

(g) Incumbent officials and employees cf the current CESB secretariat shall continue 10
exercise their respective functions, duties and responsibilities with the corresponding benelits
and privileges.

harge

SEC. 25. Implementing Rules and Regulations. The CESB, in coordination with the
Civil Service Commission, shall promulgate rules and regulates to carry out efffectively the intent
and purposes of this Act which shall be published in the Official Gazette or in two (2) national
newspapers of general circulation. The required number of certified copies of these rules and
regulations shall be filed with the University of the Philippines Law Center in accordance with
the Executive Order No, 292 or the Administrative Code of 1987

SEC. 26, Repealing Clause. Article IV, Part III of the Integrated Reorganization Plan,
as approved under Presidential Decree No. 1, as amended, is repealed. All provisions of
Executive Order No. 292 or the Administrative Code of 1987 on the Civil Service Commission
that are inconsistent with this Act are also repealed. All laws, rules and regulations or parts
thereof that are inconsistent with the provisions of this Act are repealed or modified accordingly.

JC. 27. Separability Clause. If any part, section or provision of this Act is held
invalid or unconstitutional, the other parts, sections or provisions not affected or held invalid or
unconstitutional are valid

SEC. 28, Effeetivity. This Act shall take effect afier fifleen (15) days from its
publication in the Official Gazette or in a national newspaper of general circulation

Approved,