FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

2947

House Bill No.

EXPLANATORY NOTE

Article IX-B, Section 3 of the Constitution states that the Civil Service
Commission, as the central personnel agency of the Government, shall
establish a career service and adopt measures to promote morale, efficiency,
integrity, responsiveness, progressiveness, and courtesy in the civil service. It
shall strengthen the merit and rewards system, integrate all human resources
development programs for all levels and ranks, and institutionalize a
management climate conducive to public accountability.

The executive and managerial component of the civil service has a
significant role in the bureaucracy since they have a direct hand both in the
formulation and implementation of government policies. It is imperative that a
system for their professionalization and career development be provided for by
law.

This bill seeks to establish a Career Executive System for the betterment
of the Career Executive Service by infusing well-selected and development-
oriented managers, who shall provide a strong, competent, and accountable
corps of public managers.

In view of the foregoing, early passage of this bill is earnestly sought.

RUFUS B. IGUEZ

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

2947

No.

House

AN ACT
ESTABLISHING THE CAREER EXECUTIVE SYSTEM

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

CHAPTER!
GENERAL PROVISIONS

Section 1. Short Title. This Act-shall be known as the "Career
Executive System Act of 2010."

Section 2. Declaration of Policy. It is hereby declared State policy to
establish a career service and adopt measures to promote morale, efficiency,
integrity, responsiveness, progressiveness and courtesy in the civil service.
The State shall endeavor to ensure an effective, efficient, and responsible
administration of the managerial and executive class within the third level
through the establishment of a Career Executive System that will maintain
continuity and stability in the bureaucracy.

Towards this end, the State shall recognize the vital role of the Career
Executive System in public sector governance and infuse the System with well-
selected and development-oriented managers, who shall provide a strong,
competent, and accountable corps of public managers who possess the
necessary expertise and responsive leadership that will serve as a stabilizing
force, an instrument for change, a vanguard of professionalism and careerism
in the civil service, and a critical link between government and the people.

Section 3. Definition of Terms. As used in this Act, the following terms
shall be construed as follows:

a. Third Level - The third level covers positions in the executive and
managerial class, the foreign service, the scientific, technical, artistic and
academic fields, in ‘all branches, subdivisions, instrumentalities and


agencies of the government including govemment-owned or controlled
corporations with original charters.

The third level shall include all positions higher than division chief based
on the position classification system of the Department of Budget and
Management or such 6ther systems, as may be applicable, across the
executive, legislative, and judicial branches, including constitutional
Offices.

b. Career Executive System - system for the professionalization and
career development of the executive and managerial component of the
third level.

c. Career Executive System Board (hereinafter referred to as the
Board) - is the policy making body responsible for the development,
maintenance, and administration of the Career Executive System.

d. Career Executive Officer-Eligible - refers to a person who passed
the examination process set by the Board through the Civil Service
Commission to qualify for, but has not yet been assigned to a position in
the Career Executive System.

e. Career Executive Officer - refers to a Career Executive Officer-
Eligible occupying a position in the Career Executive System, who is
appointed to a rank by the Civil Service Commission, upon the
recommendation of the Board

f. Rank - is the index of classification of Career Executive Officers to
which a Career Executive Officer-Eligible may be appointed by the Civil
Service Commission in accordance with the requirements prescribed by
the Board.

g. Administrative Supervision- refers to the authority of the
department or its equivalent to generally oversee the operations and to
ensure that they are managed effectively, efficiently, and economically;
or to take such action as may be necessary for the proper performance
of official functions, including rectification of violations; abuses and other
forms of maladministration.

h. Mobility - refers to the movement of a Career Executive Officer from
one position to another without reduction in rank or salary.

CHAPTER II
CAREER EXECUTIVE SYSTEM

Section 4. The Career Executive System. The Career Executive
System shall cover all executive and managerial positions in the Executive,
Legislative, and Judicial branches, including Constitutional offices and such
other equivalent positions as may be identified by the Board.


Entry and advancement in the Career Executive System shall be
governed by the principles of merit and fitness, and other requirements as may
be prescribed by the Board through the Civil Service Commission. The Career
Executive System shall be essentially characterized by the principles of
security of tenure and mobility

Section 5. Career Executive System Board - The Board shall consist
of the Chairperson of the Civil Service Commission, as the Board's ex-officio
Chairperson; the Secretary of the Department of Budget and Management or
his/her permanent representative not lower than an Undersecretary; the
President of the Development Academy of tine Philippines; and the Dean of the
National College of Public Administration and Governance of the University of
the Philippines as ex-officio members.

The Board shall also include a representative of the nationwide
association of career executive officers, a representative of the nationwide
association of personnel managers in the private sector, both of whom shall be
nominated by their respective associations, and one from the ranks of retired
Career Executive Officers, all of whom shall be appointed by the Chairperson
for a term of three (3) years.

Members of the Board shall be provided with per diems and allowances
as may be determined by the Commission.

The Civil Service Commission shall exercise administrative supervision
over the Board.

Section 6. Powers and Functions of the Board. The Board is the
policy making body of the Career Executive System. It shall promulgate rules,
standards, and procedures in the recruitment, selection, assignment to
positions, classification, compensation, mobility, performance management,
tour of duty, rewards and incentives, and training and career development of
Career Executive Officers and Career Executive Officer-Eligibles.

Section 7. Office of the Career Executive System. The Office of the
Career Executive System, which shall be an office under the Civil Service
Commission with its own administrative and financial support system, shall
serve as the CESB Secretariat. In addition, it shall be responsible for the
implementation of the policies, rules, regulations, decisions, directives, and
instructions pertaining to the third level.

The Office of the Career Executive System shall be headed by an
Assistant Commissioner, who shall be assisted by a Director IV, both of whom
shall be Career Executive Officers and appointed by the Chairperson of the
Civil Service Commission upon recommendation by the Board.

CHAPTER Ill
POLICIES AND STANDARDS IN THE
CAREER EXECUTIVE SYSTEM

Section 8, Membership in the Career Executive System. A Career
Executive Officer-Eligible who is assigned to a position in the Career Executive
System shall automatically be given the entry rank as Career Executive Officer


by the Civil Service Commission upon recommendation by the Board. This
process completes his/her membership in the Career Executive System.

Section 9. Security of Tenure. A Career Executive Officer shall enjoy
security of tenure in the Career Executive System and shall not be suspended
or dismissed, except for cause and after due process.

Section 10. Compensation. A Career Executive Officer shall be
compensated according to rank and shall be provided with an attractive salary,
fringe benefits, and reasonable allowances. A Career Executive Officer
occupying a position in the Career Executive System shall enjoy an added
premium based on his/her rank. In case a Career Executive Officer occupies a
position whose salary grade is higher than that of his/her rank, he/she shall
receive the difference between the salary grade of his/her position and his/her
rank while assigned to the position.

The Board, in coordination with the Civil Service Commission, and in
consultation with the Department of Budget and Management, shall develop,
and periodically review a compensation plan for Career Executive Officers.

The employing agency shall provide the funds to pay the salary, fringe
benefits, and allowances of a Career Executive Officer.

Section 11. Rank System in the Career Executive System. Career
Executive Officers shall be classified according to ranks, which shall be
established and determined by the Civil Service Commission upon
recommendation by the Board.

The classification of ranks shall be based on proven competence,
qualifications, broad levels of responsibility, and other relevant considerations.

Section 12. Appointment to Rank. Only a Career Executive Officer-
Eligible assigned to a position in the Career Executive System within the
coverage of the Salary- Standardization Law, shall be appointed to a rank by
the Civil Service Commission upon recommendation by the Board. The
issuance of rank shall be done by the Chairperson of the Civil Service
Commission.

Section 13. Promotion in Rank. The Board shall recommend to the
Civil Service Commission the criteria which shall be the basis for promotion in
rank. The criteria to be established shall include, but are not limited to,
dimensions such as performance, qualifications, and proven competence.

Section 14. Mobility in the Career Executive System. Notwithstanding
any provision of law to the contrary, Career Executive Officers may be
assigned to any position in the Career Executive System without diminution in
rank and salary.

There shall be a tour of duty of three (3) years for each Career Executive
Officer, during which period he/she shall not be transferred to another office or
Position without his/her consent.

Section 15. Career Executive System Resource Pool. The Civil
Service Commission shall establish a Career Executive System Resource Pool


drawn from Career Executive Officers who may be tapped by other agencies of
the govemment for cross-posting to undertake special works and unique
assignments within a specific period, depending on the needs of the requesting
agency. Participation of Career Executive Officers in the Pool may either be
voluntary or involuntary.

For this purpose, the Civil Service Commission upon recommendation of
the Board shall establish the systems and procedures in the assignment of
Career Executive Officers to the Career Executive System Resource Pool.

The Civil Service Commission shall administer the Pool and pay for the
salaries, benefits, and other expenses of Career Executive Officers assigned to
the Pool.

The Civil Service Commission shall establish a mechanism to ensure
that assignments to positions in the Career Executive System conform to the
standards prescribed under this Act.

Section 16. Assignment to Positions in the Career Executive
System. Career Executive Officer-Eligibles shall be given priority in
assignments to vacant positions in the Career Executive System. In exceptional
cases, a non-Career Executive Officer- Eligible may be assigned to a position
in the Career Executive System on a temporary status. He/she shall, however,
be replaced once a Career Executive Officer-Eligible becomes available.

Those who are in Salary Standard Law (SSL)-exempt agencies shall
also be required to be Career Executive Officer-Eligibles prior to their
assignments to positions in the Career Executive System.

As far as practicable, all Undersecretaries and Assistant Secretaries
shall come from the Career Executive Officers and Eligibles. In no case shall
the number of noncareer Undersecretaries and Assistant Secretaries exceed
more than fifty percent (50%) of the number of career Undersecretaries and
Assistant Secretaries.

Section 17. Discipline. The Civil Service Commission shall have the
authority to discipline occupants of positions in the Career Executive System

Section 18. Training and Career Development. The Board shall
establish a continuing program of training and career development for Career
Executive Officers and Career Executive Officer-Eligibles.

Section 19. Performance Management. The Board shall develop a
system for periodic evaluation of performance of occupants of positions in the
Career Executive System, taking into account their accomplishments and
managerial capability. This periodic evaluation system shall be the basis for the
grant of incentives and awards, as well as for sanctions for poor performance.

CHAPTER V
MISCELLANEOUS PROVISIONS

Section 20. Transitory Provisions. Upon the effectivity of this Act, all
Career Executive Service Officers shall be accredited as Career Executive
Officers. They shall be appointed to Career Executive Officer ranks
corresponding to their Career Executive Service Officer ranks.


Career Executive Service Eligibles and Career Service Executive
Eligibles assigned to positions in the Career Executive System shall likewise be
appointed to entry rank as Career Executive Officer.

Those who possess Career Executive Service Eligibility shall be
accredited as Career Executive Officer-Eligibles. Career Service Executive
Eligibles who have not been assigned to positions in the Career Executive
System at the time of the effectivity of this Act shall be required to undergo
further screening process.

Section 21. Implementing Rules and Regulations. The Board, in
coordination with the Civil Service Commission, shall promulgate implementing
rules and regulations as may be necessary to implement the intent and
purposes of this Act. The said implementing rules and regulations shall be
Published in two (2) newspapers of general circulation.

Section 22. Repealing Clause. Article IV, Part Ill of the Integrated
Reorganization Plan, as approved by Presidential Decree No. 1, as amended
all laws, rules and regulations, or parts thereof that are inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

Section 23. Separability Clause. If any part, section, or provision of this
Act is held invalid or unconstitutional, no other part, section, or provision shall
be affected by the invalidity or unconstitutionality.

Section 24, Effectivity. This Act shall take effect after fifteen (15) days

from its publication in the Official Gazette and in a newspaper of general
circulation.

Approved,