REVISED POLICY ON THE CONFERMENT
OF CES   ELIGIBILITY   AND/OR   BOARD
RECOMMENDATION FOR APPOINTMENT
OF CES RANK TO CANDIDATES WITH
PENDING ADMINISTRATIVE AND CRIMINAL
CASES
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RESOLUTION NO. 428


WHEREAS, the 1987 Constitution expressly provides for the observance of the principle of merit and fitness in the screening of persons who aspire to enter the civil service;

WHEREAS, Section 2 of the Code of Conduct and Ethical Standard for Public Officials and Employees (R.A. 6713) expressed in its declaration of policy that "public officials and employees shall at all times be accountable to the people and shall discharge their duties with utmost responsibility, integrity, competence, and loyalty, act with patriotism and justice, lead modest lives, and uphold public interest over personal interest ";

WHEREAS, Article IV, Part III of the Integrated Reorganization Plan, as approved by Presidential Decree No. 1, as amended, mandates the creation of a Career Executive Service that shall provide government "with a pool of well- selected and development-oriented career administrators who shall provide competent and faithful service and governed by the Career Executive Service Board (CESB), which is tasked to promulgate rules, standards, and procedures on selection, classification, compensation and career development of Members of the Career Executive Service ";

WHEREAS, the aforestated law likewise states that "a person who meets such managerial experience and other requirements and passes examinations as may be prescribed by the Board shall be included in the roster of career executive eligibles and upon appointment to an appropriate class in the Career Executive Service, become an active member of the CES";

WHEREAS, pursuant to CESB Circular No. 1 s. 1989, dated December 15, 1989, as amended, the CES Eligibility Examination given by the Board for purposes of conferring CES Eligibility consist of four-stages, namely: 1.) Management Aptitude Test Battery (MATB); 2.) Assessment of Managerial Capability and Competence or Assessment Center; 3.) Board Interview; and 4.) Validation On- The-Job-Performance;

WHEREAS, the Board, in Circular No. 1 s. 1998, dated August 21,1995 adopted a policy of not allowing officials with pending cases from participating in the CES Eligibilty Examination and in Res. No. 114 s. 1995 where the Board adopted a policy of suspending instead the screening process for such candidates with pending case; Provided, however, that the screening process shall continue as soon as the case is resolved in favor of the candidate;

WHEREAS, in Res. No. 187 dated September 2, 1998, the Board allowed officials in the third level with pending administrative or criminal cases to apply, participate and complete the CES Eligibility examination and be conferred a CES Eligibility if they successfully pass the examination; Provided, however, that if they are found guilty of the offense charged, their eligibilities shall be forfeited based on the penalties outlined in the decision or judgment;

WHEREAS, the Board, prior to its recommendation to the President for appointment to a CES rank of qualified CES Eligibles, requires a candidate to submit clearances from various offices;

WHEREFORE,the above-mentioned premises considered, the Board RESOLVES as it is hereby RESOLVED, to adopt the following revised policy on the conferment of Career Executive Service Eligibility to candidates or applicants with a pending criminal or administrative case before a court or quasi-judicial body:

1.      

An Applicant or Candidate for Career Executive Service (CES) Eligibility Examination with a Pending Administrative Case. An applicant or candidate for Career Executive Service (CES) Eligibility Examination, who has a pending administrative case, shall be allowed to complete the four stage CES Eligibility Examination process; Provided, however, that an applicant or candidate, who is formally charged of a grave offense where the imposable penalty involved ranges from six (6) months and one (1) day suspension to dismissal from government service, shall not be allowed to be conferred CES Eligibility unless he or she has been cleared or exonerated of the charges filed against him or her in any quasi-judicial body; Provided furthermore, that a candidate or applicant, who is formally charged of less grave or light offenses where the penalty involved ranges from one (1) day to six (6) months suspension from government service, shall be allowed to be conferred a CES Eligibility by the Board.

An applicant or candidate for CES Eligibility shall be construed to have a pending administrative case when the disciplining authority has issued a formal charge; or in case of a complaint filed by a private person, a prima facie case is found to exist by the disciplining authority.

Being cleared or exonerated of administrative charges in this case refers to the decision of a quasi-judicial body to dismiss with finality a complaint filed against an applicant or candidate concerned.

2.      

An Applicant or Candidate for Career Executive Service (CES) Eligibility Examination with a Pending Criminal Case. An applicant or candidate for Career Executive Service Eligibility Examination, who has a pending criminal case filed against him or her in any court, shall be allowed to complete the four stage CES Eligibility Examination process, provided however, that no applicant or candidate shall be allowed to be conferred a CES Eligibility unless a complaint or information filed against the applicant or candidate concerned has been dismissed by the court by final judgment.

An applicant or candidate shall be considered to have a pending criminal case after a complaint or information has been filed in court where the case is assigned for trial in accordance with the Revised Rules of Criminal Procedures, as amended dated December 1, 2000.

RESOLVED FURTHER, that a CES Eligible qualified for original appointment to CES rank shall submit to the Board clearances from the following offices:

     1.  Department or Agency of the CES Eligible
     2.  Sandiganbayan
     3.  Presidential Commission Against Graft and Corruption (PCAGC)
(For presidential appointees)
     4.  Clearance from the Civil Service Commission
(For non-presidential appointees)
     5.  Self-Certification from the candidate stating that he/she has no pending administrative or criminal cases.

In no case can a CES Eligible with a pending administrative or criminal case be recommended by the Board for appointment to CES rank.

RESOLVED FURTHERMORE, that the Board through the Chair shall issue the necessary circular on this resolution for its implementation.

APPROVED this 9th day of May, 2002 in Quezon City, Philippines.





KARINA CONSTANTINO-DAVID
Chairperson



LUIS C. LIWANAG II
Vice-Chairperson



ELISA C. ALEJO
Member



MA. CONCEPCION P. ALFILER
GODOFREDO C. DE GUZMAN   
Member Member



EDUARDO T. GONZALES
     RAMON F. NIEVA           
Member Member





Attested by:


MA. THERESA C. NICOLAS
Acting Board Secretary