WHEREAS, Article IV, Part III of the Integrated Reorganization Plan, as approved by Presidential Decree No. 1, as amended dated September 24, 1972 created the Career Executive Service Board (CESB) to serve as the governing body of the Career Executive Service (CES) and is mandated by said law to promulgate rules, standards, and procedures on selection, classification, compensation and career development of members of the CES;

WHEREAS, in the case of Eugenio vs. Civil Service Commission (G.R. No. 115863) dated March 31, 1995, the Supreme Court ruled that from inception the CESB was intended to be an autonomous entity, albeit administratively attached to the Civil Service Commission;

WHEREAS, in the above-quoted case, the Supreme Court explained that under the Administrative Code of 1987, the purpose of attaching one functionally inter-related government agency to another is to attain "policy and program coordination;"

WHEREAS, in the case of Secretary of Justice Serafin R. Cuevas vs. Bacal, (G.R. No. 139382 dated December 6, 2000), the Supreme Court ruled that security of tenure in the career executive service is thus acquired with respect to rank and not to position and that the guarantee of security of tenure to members of the CES does not extend to the particular positions to which they may be appointed-a concept which is applicable only to first and second-level employees in the civil service-but to the rank to which they are appointed by the President;

WHEREAS, in the case of Luis Mario M. General vs. Ramon S. Roco. (G.R. No. 143366 dated January 29, 2001), the Supreme Court ruled that two requisites must concur in order that an employee in the career executive service may attain security of tenure, to wit: a.) CES Eligibility; b.) Appointment to the appropriate CES rank;

WHEREAS, the above-stated rulings of the Supreme Court were based primarily on the policies, rules and regulations then of the CESB, which were quoted by the said court in the afore-cited cases;

WHEREAS, the above said policy set by the Board upon which the appropriate rank" ruling of the Supreme Court in the case of Roco vs. General was based has already been revised by the Board through CESB Resolution No. 455 s. 2002 which states, that a CESO is considered a permanent employee and, therefore, guaranteed security of tenure in the CES regardless of the CES position he/she occupies or the rank level to which he/she is appointed;

WHEREAS, Section 27, Chapter 5, Title I, Book V of Executive Order No. 292 otherwise known as the Administrative Code of 1987 provides that a permanent status of appointment shall be issued only to a person who meets all the requirements for the positions to which he/she is being appointed, including the appropriate eligibility prescribed, in accordance with the provisions of law, rules and standards promulgated in pursuance thereof;

WHEREAS, the Civil Service Commission, as the central personnel agency of the government mandated to promote merit and fitness in the civil service, has made a pronouncement through its policies that those who meet the qualification standards established for the position such as education, experience, training, physical characteristics and personality traits required by the job, and most importantly the appropriate eligibility shall be appointed on a permanent status;

WHEREAS, in the interest of policy and program coordination, there is a need to harmonize the policies of the Board with that of the Civil Service Commission (CSC) on security of tenure, the Career Executive Service (CES) being part of the third level which is the highest among the three (3) levels of positions in the career service governed by the Civil Service Commission;

WHEREAS, the Board, cognizant of the need for consistency in the policy on security of tenure in the civil service, decided to revise the existing policy to conform with the Civil Service Commission criteria on permanent appointment, thus, setting CES Eligibility as an essential component of security of tenure in the CES;

NOW THEREFORE, foregoing premises considered, the Board RESOLVES as it is hereby RESOLVED to revise the policy on security of tenure in the Career Executive Service (CES) in conformity with the pertinent policies of the Civil Service Commission (CSC) for third level qualified incumbents. Henceforth, attainment of CES Eligibility by an incumbent of a CES position is enough to enjoy security of tenure in the CES provided he or she has met the other basic requirements of the position established in the qualification standards set or approved by the Civil Service Commission based on the recommendation of the Department or Agency concerned.

RESOLVED FURTHER, that notwithstanding the permanent status of appointment of a third level official, he/she is covered by the mobility principle enshrined under Article IV, Part III of the Integrated Reorganization Plan, as approved by Presidential Decree No. 1, as amended dated September 24, 1972, quoted herein as follows:

"e. Assignments, Reassignments and Transfers.

Any provision of law to the contrary notwithstanding members of the Career Executive Service may be reassigned or transferred from one position to another; provided that such reassignment or transfer is made in the interest of public service and involves no reduction in rank or salary; provided, further, that no member shall be reassigned or transferred oftener than every two years; xxx."

RESOLVED FURTHERMORE, that to ensure compliance to the above-quoted mobility principle, reassignment or transfer shall be effected only upon availability of the corresponding position, it being understood that a "floating" status is not within the contemplation of this principle. Assignment to a CESO pool shall not be considered on a floating status.

RESOLVED FINALLY, that the following provisions shall be taken as part and parcel of this resolution:

1. If any provision 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. 

2. All existing CESB rules and regulations, circulars and memoranda, which are inconsistent with this resolution are hereby repealed or amended accordingly, as the case may be.

3. This resolution shall take effect after fifteen (15) days from its publication in the Official Gazette or in a newspaper of general circulation.

Attested by:


BETTINA MARGARITA S. LAYUGAN
Acting Board Secretary