ANNE

RUMBLE

ANSABEE!?
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JUNASIS TOM
CAJIPE JEFF

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GROUP 3
GROUP 3 PRESENTS:
Civil Service Commission
Coversge of the Civil Service
Appointive positions in the Civil
Service in CES
Kinds of appointive officers; of
appoinntments
Requisites of appointments;
exercise of discretion
 central personnel agency of the government.

Composition:
chairman appointed by Pres. with the consent of CA
commissioners term: 7 years w/o reappointment

.
•To insure and promote the general
mandate required in appointments
according to merit and fitness.
•Provide with the public service a
progressive system of personal
administration to insure an honest
,efficient ,progressive and
courteous civil service in the
Philippines.
•To eradicate the system of
appointment to public office based
on political and considerations.
•Eliminate partisanship and personal
favoritism in making appointments.
Establish and maintain a merit system in
the selection of public officers and
employees without regard to sex, color ,
social status and political affiliation.


1)Enforce the constitutional and statutory provisions on merit system for all levels and ranks in the civil service.

2)Prescribe, amend and enforce rules and regulations for carrying into effect the provisions of the civil service law and other
pertinent laws.

3) Promulgate policies standards and guideline for the civil service and adopt plans and programs of the civil service law and
other pertinent laws.

4) Formulate policies and regulations for the administration , maintenance and implementation of position classification and
compensation and set standards for the establishment, allocation and re-allocation of pay scales; classes and positions.

5) Render opinions and rulings on personnel and other civil service matters which shall be binding on all heads of
departments , offices and agencies and which may be brought to the supreme court on certiorari.


6) Appoint and discipline its officials and employees in accordance with law .

7) Control , supervise and coordinate civil service examinations . Any entity or official in government may be called upon by the
commission to assist in the preparation and conduct of said examinations including security, use of buildings and facilities as
well as personnel and transportation of examination materials which are exempt from inspection regulations.

•8) Prescribe all forms fro civil service examinations, appointments, reports and such other forms as may be required by law
,rules and regulations.

9) Declare positions in the civil service as may properly be primarily confidential , highly technical or policy determining,

10) Formulate , administer and evaluate programs relative to the devepoment and retention of qualified and competent work
force in the public service


11)Hear and decide administrative cases instituted by or brought before it directly or on appeal , including contested appointments
and review decisions .

12) Issue subpoena and subpoena duces tecum for the production of documents and records pertinent investigations and inquires
conducted by it in accordance with its authority conferred by the constitution and pertinent laws,

13) Advise the President on all matters involving personnel management in the government service and submit to the president an
annual report on the personnel programs.

14) Take appropriate action on all appointments and other personnel matters in the civil service including extension of service
beyond retirement age,

15)Inspect and audit the personnel actions and programs of the department , agencies , bureaus, office s, local government units
and other instrumentalities of the government units and other instrumentalities of government including the government owned
corporations.


16) Delegate authority for the performance of a function to departments, agencies and offices where such functions may be
effectively performed.

17) Administer the retirement program fro the government officials and employees , accredit government services and
evaluate qualifications fro retirement,

18) Keep and maintain personnel records of all officials and employees in the civil service

19) Perform all functions properly belonging to a central personnel agency and such other other functions as may be provided
by law.


all branches, subdivision, instrumentalities and agencies of government including government –

owned corporations with original charters.

Government owned or controlled corporations with original charters- are those organized pursuant to special
laws or charters enacted by congress


Appointments to the civil service are based on merit and fitness determined by competitive
examinations except appointments to positions which are policy determining primarily
confidential or highly technical.
1)Career

Open Career positions

ClosedCareer positions

2) Non-career Service
1) Elective officials and their personal or confidential staffs.

2) Department heads and other officials of cabinet rank who hold positions at the pleasure
of the President and their personal or confidential staff

3)Chairman and members of commissions and boards with fixed terms of office and their
personal or confidential staffs.

4) Contractual personnel or those whose employment in the government in the government

is in accordance with a special contract to undertake a specific work or job, requiring
special or technical skills not available in employing agency , to be accomplished within a
specified period, which is in no case shall exceed one year,.

5)Emergency and seasonal personnel.



1ST LEVEL –includes clerical , trades, crafts and custodial service positions involving non-
professional or sub-professionalwork in a non- supervisory or supervisory capacity
requiring less than four years of collegiate studies.

2nd LEVEL- includes professional, technical and scientific positions involving professional
,technical or scientific work in a non supervisory capacity requiring at least four years of
college work up to division chief level.

3rd LEVEL- it includes in the career executive service.

•


1) Presidential appointees ( appointed by Pres.)

2) Non-Presidential Appointees(appointed by appointing authorities of gov. accordance
with the civil service law.)

Kinds of Appointment ( administrative Code 1987)

1)Permanent Status
2)Temporary Appointment


1)The power of appointing authority. To appoint

2)Appointee must be qualified
3)There should be vacancy
4) Acceptance of appointment by taking oath of
office
Power of CSC to approve
appointments
Limitations on the power to
approve appointments
Opposition to appointment
Revocation or recall of
appointment
When appointment is complete;
acceptance of appointment
necessary
 Appointments in the Civil Service requires the approval of the Civil Service
Commission.
The CIVIL SERVICE LAW empowers the Civil Service Commission

1. to approve all appointments, whether original or promotional, to positions in the civil

service , except those of Presidential appointees , members of the Armed Forces of the
Philippines, police forces, firemen, jailguards, and

2. to disapprove those where the appointees do not possess the appropriate eligibility or
required qualifications.
The Appointing Authority is required to submit to the Civil Service Commission all
appointments which require its approval within 30 days from issuance, otherwise the
appointment becomes ineffective 30 days after.

As the central personnel agency of the government , the Commission shall keep a record
of appointments of all officers and employees in the Civil Service, including those which
do not require its approval.
 An appointment not submitted to the Commission within 30 days from the date of
issuance, which shall be the date appearing on the face of the appointment, shall be
ineffective.
The employee, whose appointment was not approved , may only be considered as de facto
officer .
•
It has no authority to revoke an appointment simply because it believes that the
protestant is better qualified for that would constitute an encroachment on the discretion
vested solely in the appointing authority.
The Commission has no power to revoke an appointment simply because it believes that the
person protesting the appointment or somebody is better qualified for that will constitute an
encroachment of the discretion vested solely in the appointing authority.

It has no power to pass upon the qualifications or tenure of the appointing officer or declare
the latter’s position vacant for an act that produced forfeiture of his office.

It has no authority to inquire into the right of the appointing officer to hold office, which is a
function of a quo warranto proceeding that may only be initiated by the Solicitor General or
the by the person claiming to be entitled to the position.

It is not empowered to determine the kind or nature of the appointment extended by the
appointing officer, its authority being limited to approving or reviewing the appointment in
the light of requirements of the Civil Service Law.
Any person who feels aggrieved by the appointment of a person may file a protest against the
appointment.

PROTEST is a mode of action that may be availed of by the aggrieved party to contest the
appointment of another to a particular position. It must be , however, be for cause. The cause
must be based on the following grounds:

1.that the appointee is not qualified.

2.that the appointee is not the next-in-rank and
3.in the case of appointment by transfer, reinstatement or by original appointment , that the
protestant is not satisfied with the written special reason or reasons given by the appointing
authority.

“for cause”, means for reasons which the law and sound public policy recognized as sufficient
warrant for removal, that is, legal cause, and not merely causes which the appointing power in the
exercise of discretion may deem sufficient. It is implied that officers may not be removed at the
mere will of those vested with the power of removal, or without cause.
The respect for the right to due process in actions before administrative agencies and
constitutional commissions includes:
the basic requirement of granting the person, whose appointment is being contested, an
opportunity to be heard,
he must be informed of the action or the appeal therefrom of the contestant so that he may
be given a chance to present his side,
That the interested parties must have an opportunity to present their case and the decision
or resolution should be supported by substantial evidence presented by the affected
parties before the tribunal.
 An appointment once made is irrevocable and not subject to reconsideration.

Under the CIVIL SERVICE LAW, the appointment to the Civil Service must be submitted to the
Civil Service Commission for approval,

i.e. for determination whether the proposed appointee is qualified to hold the position,
And whether or not the pertinent rules have been followed in making the appointment.
The Civil Service Commission has the power to recall , on its own initiative, an
appointment initially approved on any of the following grounds:

1.Non-compliance with the procedures/criteria provided in the agency’s merit

promotion plan;

2.Failure to pass through the agency’s selection/promotion board;

3.Violation of the existing collective agreement between management and

employees relative to promotion; or

4.Violation of other existing civil service law, rules, and regulations.

An APPOINTMENT is complete where all its requisites for the position have been met,
namely,

1.A written appointment to a vacant position extended by one who has the power to
do so in favor of a qualified appointee, approved by the Civil Service Commission , and

2.Accepted by the appointee by his taking the office and entering of the discharge of
the duties thereof.

The absence of any of these Requisites makes the Appointment incomplete or invalid.
Thus, where, by law, the Appointment requires the approval or confirmation by a body
or officer, the Appointment is not complete until such approval or confirmation.
The Constitution requires “that all Public Officers and employees shall take an oath or affirmation
to uphold and defend the Constitution.

A Public Officer or Employee who does not take the oath may be considered only a de facto officer,
and he enjoys no guarantee of security of tenure.

An OATH,
•is a qualifying requirement for a public office;
•a prerequisite to the full investiture with the office.
•
The taking of the Oath and the entry into the discharge of the duties of the office amount to an
Acceptance of the position , and Acceptance is indispensible to complete the Appointment.
It has been held that as between two appointments,
One, in favor of a person who immediately took his oath and began the discharge of his duties,
and
Second one, in favor of a person who waited unti the Civil Service Commission has approved it ,

the former prevails over the latter amounted to acceptance ofthe appointment and gave him a
vested right to the office as against the later appointee.

A person who has been validly appointed to a public office and who has taken his Oath has a right
to enter upon the performance of the duties thereof, and it is Ministerial duty upon the superior
concerned to allow him that right.
 JADE

HUGOT AT
ESTORNINOS

BATAS!
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CAJIPE

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GROUP 3
Permanent Appointment
Term and Tenure
Hold-over Concept
Temporary and acting
Appointment
Promotionsl Appointment
 HUGOOT!
How I wish isa kang
permanent appointment
paper?
BAKIT???
 ANSWER
Para sure ako, tayo ay
may kasiguraduhan!


An appointment in the civil service issued to a

person who meets all the requirements of the
position to which he/she is being appointed,
including the appropriate eligibility prescribed, in
accordance with the provisions of law, rules and
standards promulgated thereof. It lasts until
lawfully terminated thus, enjoys security of
tenure. (P.D. 807, Civil Service Decree, Sec. 25).


Requirements for Permanent Appointment

Meets all the minimum qualification requirement of the

position
Must possess the appropriate eligibility prescribed
Must be appoint by the appointing Authority
 HUGOOT!
Alam mo napaisip ako,
sana kanta ka nalang ni
Sharon Cuneta?
BAKIT???
 ANSWER
Sana'y Wala ng Wakas


A kind of appointment issued to a person who meets all the

requirements for the position to which he is being appointed
except the appropriate civil service eligibility.
Requirements for Temporary Appointment
Meets the education, experience & training
In the absence of qualified eligible

Necessary in the public interest to fill a vacancy

- An appointment issued by the appointing authority under a temporary status to a person who
meets all the requirements for permanent appointment to the position to which he is being
appointed shall be disapproved for violation of section 27 (1), Book V of Executive order No. 292.

- An appointment extended to a person who lacks the appropriate civil service eligibility for the
position is merely temporary.

-The mere fact that a position belongs to the career service does not automatically confer
security of tenure on the occupant, Such rights depends on the nature of his appointment
which depends on his eligibility.


Term “permanent appointment” – means a fixed and definite period of time which the law
prescribes that an officer may hold an office.

Where the appointment is permanent, it is protected by the security of tenure provision.

A person with permanent appointment, enjoys security of tenure, he/she cannot be
suspended or dismissed except for cause provided by law, and after due process or after
he/she shall have been given the opportunity to defend himself.

Tenure “temporary appointment” – limited to a period specified by law, or is coterminous,

without definite term and is dependent entirely upon the pleasure of the appointing power.


- Where an officer is entitled to hold office until his successor is elected or appointed has qualified.

-The concept of holdover when applied to a public officer implies that the office has a fixed term and the
incumbent is holding onto the succeeding term.

-It is usually provided by law that officers elected or appointed for a fixed term shall remain in office not
only for that term but until their successors have been elected and qualified.

-Where this provision is found, the office does not become vacant upon the expiration of the term if
there is no successor elected and qualified to assume it, but the present incumbent will carry over until
his successor is elected and qualified, even though it be beyond the term fixed by law.

-Absent an express or implied constitutional or statutory provision to the contrary, an officer is entitled
to stay in office until his successor is appointed or chosen and has qualified.


Indeed, the law abhors a vacuum in public offices, and courts.

The Legislature may by law, authorize the holding over of a public officer beyond his term, or place
officers in hold over status, except where the constitution provides otherwise or where the
constitutional provision on security of tenure will be violated.

Where the constitution has fixed the term of an office and its commencement, the legislature may
not authorize the incumbent to hold-over until his successor shall have been appointed or elected
and has qualified, without violating the constitution and rendering the law unconstitutional.
 HUGOOT!
May mga bagay na sadyang
hindi kailangang ipilit.
Masasaktan ka lang. Subalit
huwag mong kalimutan aralin
ang kantang may pamagat,
MAGHINTAY KA LAMANG!
Promotion in the Civil Service should always be made on the basis of qualifications, including

occupational competence, moral character, devotion to duty and last but not the least is loyalty to
service.

to reward the civil servant who has chosen to
-The last trait should always be given appropriate weight,
make his employment in the government a lifetime career in which he can expect advancement though
the years of work well done.

- In the appointment or promotion of employees, the appointing authorities must considers not only their
civil service eligibilities but also their performance, education, work experience, training and seminars
attended, agency examination and seniority.

-Political patronage should not be necessary in promotion appointment

Where an employee who had been permanently appointed to a position is promoted to another position
and his promotional appointment is invalidated, he is deemed not to have abandoned his prior office and
should be reverted back to his old position.
 KHATI

PAIMPRESS
REFUERZO

CONFERENCE
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CAJIPE

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GROUP 3
Reinstatement
Nepotism as a restriction on
Appointment
Void Appointments
Appointments of one who has
retired
Double Appointments
 issuance of a new appointment which is
essentially discretionary, to be performed by
the officer in which it is vested according to his
best lights, the only condition being that the
appointee should possess the qualifications
required by law.

Note:
Such exercise of discretionary power of
appointment cannot be CONTROLLED, not
even by the Courts as long as exercised
properly by the appointing authority
What is Nepotism?
favoritism in the appointment in
the public service in favor of a
relative within the third degree
of consanguinity or affinity by
the appointing or recommending
authority
Revised Administrative Code of 1987,
Book V, Section 59
All appointments in the national, provincial, city and
municipal governments or in any branch or
instrumentality thereof, including government-
owned or controlled corporations, made in favor of a
relative of the appointing or recommending authority,
or of the chief of the bureau or office or the persons
exercising immediate supervision over him, are
hereby PROHIBITED.
Prohibition extends to...
promotional appointments
designations in an acting capacity
all personnel actions occuring appointment
to another position or to the original position
incase of reinstatement
What is the Purpose of the Prohibition?
ensure that all appointments and other
personnel actions in the civil service
should be based on merit and fitness and
should never depend on how close or
intimate an appointee is to the appointing
power
The following are exempted from the
operation of the rules on nepotism:
Persons employed in a confidential
capacity
Teachers
Members of the AFP
The following are exempted from the
operation of the rules on nepotism:
Member of any family who, after his or her
appointment to any position in an office
or bureau contracts marriage with
someone in the same office or bureau
Those appointed in government-owned or
controlled corporations which are
organized under the corporation law.
Confers no right whatsoever, except
those recognized under the doctrine of
de facto officer, but never so far to
entitle the incumbent to take shelter
under the guarantee of security of tenure
Instances where there are void appointments:
Void for non-compliance with legal
requirements, no number of assignments
nor mistake, acquiescence and tolerance of
the proper officials, will validate it
Appointment secure through forgery and
misinterpretation
Permenent appointment issued by the
appointing authority and attested by CSC
in favor of the person who does not
possess the civil service eligibility required
by law for the position
CSC Memorandum Circular No.5,S-1983
(requirements for the appointment, reinstatement or
retention of persons who have retired at 65 years)

The exigencies of the service require

The officer or employee concerned possesses special
qualification not possessed by other officers or
employees in the agency where he is to be appointed
or retained
The vacancy cannot be filled by promotion of qualified
officers or employees in the agency concerned, or by
transfer of qualified officers or employees from other
government agencies, or there are no eligibles on the
appropriate register of the Commission available for
certification to the vacancy
are not prohibited as long as the positions involved
are not incompatible, except that the officer
employee appointed cannot recieve additional or
double compensation unless specifically authorized
by law.
 IS IT A YES OR NO?
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CAJIPE

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Primarily confidential positions
Appointment of next-in-rank
Government-owned or
controlled corporations
Liability for appointment
Appointment,
assignment,reassignment, and
transfer in CES
Security of tenure in CES
There are positions in the government which are exempt from the
qualification requirements?

Is it correct?
Const. (1987), Art. IX (B), Sec. 2 (2), Appointments
in the civil service shall be made only according
to merit and fitness to be determined, as far as
practicable, and, except to positions which are
policy-determining, primarily confidential, or
highly technical, by competitive examination.
Coterminous (primarily confidential in nature) – an appointment to
positions determined by law or declared by the Commission to be
primarily confidential in nature,
the duties and responsibilities of which imply not only confidence
in the aptitude of the appointees but primarily close intimacy
which ensures freedom of discussion, delegation and reporting
without embarrassment or freedom from misgivings or betrayals
of personal trust.
Appointees to primarily confidential positions are exempt from
the qualification requirements, except those whose duties involve
the practice of a profession regulated by the Philippine
Bar/Board or special laws and/or require licenses.
Holds office at the pleasure of the appointing power
If there is displeasure, he or she is not removed or dismissed from
office- term merely expires

What determines whether a position is primarily confidential?

depends on the nature of the functions of the office, and not on
the classification by the CSC

Example: A City or Provincial Attorney is a coterminous employee

but not the legal staff or assistant lawyers in the of OCA or OPA
1st- renders inapplicable the ordinary requirement of filling up a
position in the CSC based on merit and fitness as determined by
competitive examinations

2nd – in relation to Art. IX(B), Sec. 2 (3) providing that No officer or

employee of the civil service shall be removed or suspended
except for cause provided by law. It includes “loss of confidence”

Loss of tenure upon loss of confidence on the part of the

appointing power
An officer whose main functions are related to the study and
analysis of organizational structures and procedures, with the
end in view of making recommendations designed to increase the
levels of efficiency and coordination within the organization.

Does he occupies a highly confidential position?

The fact the he may sometimes handle confidential matters or
papers which are confidential in nature, does not sufficient to
characterize his position as primarily confidential.
The designation by the legislature that a position is primarily
confidential is not controlling.
A career position which nature and functions are primarily
confidential, the officer occupying it cannot be removed
therefrom except for cause provided by law
Executive pronouncements that positions are primarily
confidential can be no more than an initial determinations
that are not conclusive in case of conflict
The fact that the position has been classified as one under
the career service and certified as permanent by the CSC can
conceal or alter a position’s being confidential in nature
PRIMARILY CONFIDENTIAL- Private secretaries of public
functionaries; security officers assigned as bodyguards of a
public officer
PERRMANENT EMPLOYEES- members of the Customs Police Force
or charge of the export department; Senior Executive Assistant,
Clerk I and Supervision Clerk I and Stenographer in the OP
Where an official holding primarily confidential position is
demoted to another office to pave the way for the promotion of
another

Can you do that?

•The demotion amounts to removal without cause and he is
entitled to reinstatement to his old position with full back wages
Can you remove by loss of confidence those officials occupying
highly technical posts, requiring special skills and qualifications?
The constitution clearly distinguished the primarily confidential
from highly technical, and to apply the loss of confidence rule to the
latter incumbents is to ignore and erase the differentiation
expressly made by the fundamental charter.
SECTION 3, Rule 5 of the CS Rules- A next-in-rank position refers to a
position which, by reason of hierarchical arrangement of positions in
the department or agency or in government, is determined to be in
the nearest degree of relationship to a higher position taking into
account the following: (1) organizational chart/s; (2) classification
and/or functional relationships; (3) salary and/or range allocation;
and (4) geographical location
An employee appointed on a permanent basis to a position
previously to be next-in-rank to the vacancy proposed to be
filed and who meets the requisites for appointment
The next-in-rank shall be considered for promotion whenever a
position in the 1st level becomes vacant.
The next-in-rank employee is automatically eligible to occupy 1st
level vacant position?

Is it correct?
•However, it is not mandatory or preemptory requirement
•The next-in-rank rule neither grants a vested right to the holder nor
imposes ministerial duty on the appointing authority
•To apply this would impose a rigid formula on appointing power
contrary to the policy of the law that among those qualified and
eligible
•It is the discretion and prerogative of the appointing authority
••Are filled by transfer of present employees, reinstatement,
reemployment, or appointment of outsiders who have appropriate
civil service eligibility
•The next-in-rank is given preferential consideration but it does not
necessarily follow that he and no one else can be appointed
•to the effect that a vacant position shall be filled by the next-in-
rank has been superseded by later decisions that the appointing
authority is allowed to fill vacancies by other modes to fill vacancies
•The CSC has no power to revoke the appointment on the ground that
another person has better qualifications for the job
•The next-in-rank officer has no cause to complain- the discretion
exercised by the appointing power in extending an appointment to a
given position to one or two or more persons possessing the
requisite minimum qualifications for the position, will not generally
be interfered with and must be sustained
•Can a next-in-rank employee who is competent and qualified
and feels aggrieved by the promotion of another file a potest?
•He or she may file a protest with the department or agency head
who shall render a decision thereon within 30 days from receipt of
the protest
•Appealable within 15 days from receipt thereof to the CSC
•CSC decision or resolution denying the MR may be elevated to the
CA petition for review within 15 days from receipt of said decision or
resolution
•Is a stock or non-profit corporation whether performing governmental
or proprietary functions, which is directly chartered by special law or if
organized under the general corporation law is owned or controlled by
the government or subsidiary corporation, to the extent of at least a
majority of its outstanding capital stock or of its outstanding voting
stock
GOCCs without original charters are covered by the Labor Code,
not the Civil Service Law. Is it correct?

PHILIPPINE NATIONAL CONSTRUCTION CORPORATION. A

distinguished partner in Philippine progress and economic
development. Established in 1966, PNCC has been a reliable and
international associate in the construction of roadway and
industrial infrastructure projects. It is the largest construction
company in the Philippines and in Southeast Asia.

Is it a chartered GOCC?
Section2 (1), Article IX of the 1987 Constitution provides: The civil
service embraces all branches, subdivisions, instrumentalities, and
agencies of the government, including government-owned or
controlled corporations with original charters. Created under special
laws and not under the general incorporation law.

GOCCs without original charters- organized under the general law, the
Corporation Code– are not comprehended with the CS, and their
employees are not subject to service law but to the labor code
•RTCs have jurisdiction to entertain involving dismissal of officers
covered by the civil service law

•Is it correct?
•Presidential Decree No. 807 provides:

Sec. 53. Liability of Appointing Authority.- no person employed in the

Civil Service in violation of the Civil Service Law and rules shall be
entitled to receive pay from the government; but the appointing
authority responsible for such unlawful employment shall be
personally liable for the pay that would have accrued had the
employment been lawful, and the disbursing officials shall make
payment to the employee of such amount from the salary of officers
so liable.
Sec. 55. Whoever makes any appointment or employs any person in
violation of any provision of this Decree or the rules made thereunder
or whoever commits fraud, deceit or intentional misrepresentation of
material facts concerning other civil service matters, or whoever
violates, refuses or neglects to comply with any of such provisions or
rules, shall upon conviction be punished by a fine not exceeding one
thousand pesos or by imprisonment not exceeding six (6) months, or
both such fine and imprisonment in the discretion of the court.

These provisions were re-enacted in Secs. 66 and 67, Title I, Subtitle A,

Book V of the 1987 Administrative Code
Art. 244 of the Revised Penal Code likewise makes it a crime for any
public officer to knowingly nominate or appoint to any public office
any person lacking the legal qualification therefor with the penalty of
arresto mayor and fine not exceeding 1,000.00
•The CES covers managerial and executive positions above division
chief level regardless of the appointing authority. 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.
The President may appoint a person who is not a Career Executive Service Eligible

Is it correct?
Shall be made by the President
CES Board Recommendation- list of career executive eligible
Basis of rank
Provided, appointments to the higher ranks which qualify the incumbents to
assignments as undersecretary and heads of bureaus and offices and equivalent
positions shall be with the confirmation of the Commission on Appointments
In exceptional cases, the President may appoint any person who is not CES eligible;
provided, such appointee shall subsequently take the required CES examination and
that he shall not be promoted to a higher class until he qualifies in such examination
As initial implementation of the plan, an incumbent with permanent appointment shall
continue but may not advance to a higher class of position or until he qualifies for
membership in the CES
Depending upon their ranks, members of the service shall be assigned to occupy
positions of 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 Board on the basis of the
member’s functional expertise.
•Security of tenure is acquired with respect to rank not to position

Is it correct?
•Acquired with respect to rank not to position
•Rank to which they are appointed by the President
•Positions only applicable to 1st and 2nd level employee
•CES officer does not acquire security of tenure by the mere fact that he is appointed to the
higher position

2 (Two) requisites for career executive employee to attain security of tenure

1.CES Eligibility
2.Appointment to the appropriate rank
•Thus, a CES officer may be transferred or reassigned from one position to another without
losing his rank
•No diminution of salary- compensated according to his CES rank and not on the basis of the
position or office he occupies.
•Government Sector, Non-Career Service

1.He/she must have been appointed to a non-career position whether under

coterminous or contractual status in any department or agency of the government

2.at least three (3) years managerial and supervisory functions/experience, and has
served the government for the same period at the time of his/her application

3.provided he/she must have been occupying a position equivalent or higher than
salary grade 18 (SG 18) position.
In 2009, the Board, through CESB Resolution No. 791 adopted the Revised Integrated
Rules on the Grant of Career Executive Service (CES) Eligibility, as amended by CESB
Resolution No. 1354. Pursuant to the said rules, CES eligibility examination process
consists of the following stages:

CES Written Examination;

•Accreditation of MNSA or MPSA
•Assessment Center;
•Performance Validation; and
•Board Interview.