NUCESO COMMENTS ON SENATE BILL 3215 ENTITLED “Career Executive Service Act of 2012”

NUCESO COMMENTS ON SENATE BILL 3215 NUCESO COMMENTS ON SENATE BILL 3215 ENTITLEDENTITLED

““Career Executive Service Act of 2012”Career Executive Service Act of 2012”

Presented by:Presented by:

ALBERTO A. BERNARDO, CPA, Esq., CESO IALBERTO A. BERNARDO, CPA, Esq., CESO IDeputy Executive Secretary, Office of the PresidentDeputy Executive Secretary, Office of the President

and NUCESO Board Memberand NUCESO Board Member

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(a) ‘Third Level’ refers to the highest level in (a) ‘Third Level’ refers to the highest level in the career service of the Civil Service the career service of the Civil Service System which includes positions in the System which includes positions in the executive and managerial class covering all executive and managerial class covering all positions higher than chief of division positions higher than chief of division based on the position classification systembased on the position classification system of the Department of Budget and of the Department of Budget and Management and the Civil Service Management and the Civil Service Commission.Commission.”” (underscoring supplied) (underscoring supplied)

“ “SEC. 4. SEC. 4. Definition of Terms. Definition of Terms. - As used in this - As used in this Act, the following terms shall be construed as Act, the following terms shall be construed as follows:follows:

A. SENATE BILL NO. 3215A. SENATE BILL NO. 32151. THIRD LEVEL POSITIONS1. THIRD LEVEL POSITIONS

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(a) (a) ‘Third Level Position’‘Third Level Position’ refers to the refers to the highest level among the classes of highest level among the classes of positions in the career service which positions in the career service which includesincludes the the Closed CareerClosed Career positions; positions; positions in the positions in the Career Executive ServiceCareer Executive Service (CES); career officers, (CES); career officers, other than those in other than those in the CESthe CES; ; commissioned officerscommissioned officers of the of the Armed Forces; and career Armed Forces; and career personnelpersonnel of of government-owned or con-trolled government-owned or con-trolled corporations.corporations. . . . . . .

“ “SEC. 4. Definition of TermsSEC. 4. Definition of Terms.. - As used in - As used in this Act, the following terms shall be construed this Act, the following terms shall be construed as follows:as follows:

B.B. NUCESO PROPOSALNUCESO PROPOSAL

1. THIRD LEVEL POSITIONS1. THIRD LEVEL POSITIONS

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. . . . . . It shall cover all positions higher It shall cover all positions higher than chief of division, classified as either: than chief of division, classified as either: a) positions in the a) positions in the executive and executive and managerial classmanagerial class, and b) positions in the , and b) positions in the highly technical and specialized classhighly technical and specialized class, , based on the based on the position classification position classification systemsystem of the Department of Budget and of the Department of Budget and Management (DBM) and with the Management (DBM) and with the qualifications standards qualifications standards established by established by the departments or agencies, to be the departments or agencies, to be approved by the Civil Service approved by the Civil Service Commission.” Commission.” (underscoring supplied)(underscoring supplied)

B. NUCESO PROPOSAL B. NUCESO PROPOSAL (continuation)(continuation)


1. THIRD LEVEL POSITIONS1. THIRD LEVEL POSITIONS1.1.1.1. Career PositionsCareer Positions

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““SECTION 7. Career Service. – x x xSECTION 7. Career Service. – x x x

(1)(1) Open Career positions for appointment Open Career positions for appointment to which prior qualification in an to which prior qualification in an appropriate examination is required; appropriate examination is required;

The Career Service shall The Career Service shall include:include: The Career Service shall The Career Service shall include:include:

(2)(2)Closed CareerClosed Career positions which are positions which are scientific, or scientific, or highly technical in naturehighly technical in nature; ; these include the faculty and academic these include the faculty and academic staff of state colleges and universities, staff of state colleges and universities, and scientific and technical positions in and scientific and technical positions in scientific or research institutions which scientific or research institutions which shall establish and shall establish and maintain their own maintain their own merit systemmerit system; . . . ; . . .


1.1.1.1. Career Positions Career Positions (Continuation)(Continuation)

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. . . (3) Positions in the . . . (3) Positions in the Career Executive Career Executive ServiceService; namely, Undersecretary, ; namely, Undersecretary, Assistant Secre-tary, Bureau Director, Assistant Secre-tary, Bureau Director, Assistant Bureau Director, Regional Assistant Bureau Director, Regional Director, Assistant Regional Director, Director, Assistant Regional Director, Chief of Department Service and other Chief of Department Service and other officers of equivalent rank as may be officers of equivalent rank as may be identified by the Career Executive identified by the Career Executive Service Board, Service Board, all of whom are all of whom are appointed by the Presidentappointed by the President;; (4)(4) Career officers, Career officers, other than those in the other than those in the Career Executive Service,Career Executive Service, who are who are appointed by the President,appointed by the President, such as the such as the Foreign Service Officers in the Foreign Service Officers in the Department of Foreign Affairs; . . .Department of Foreign Affairs; . . .


1.1.1.1. Career Positions Career Positions (Continuation)(Continuation)

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(6)(6) Personnel of government-owned or Personnel of government-owned or

controlled controlled corporationscorporations, whether , whether performing governmental or proprietary performing governmental or proprietary functions, functions, who do not fall under the non-who do not fall under the non-career servicecareer service; and ; and

(7)(7) Permanent laborers, whether skilled, semi-Permanent laborers, whether skilled, semi-skilled, or unskilled.”skilled, or unskilled.” ((underscoring supplied)underscoring supplied) [Section [Section 7, Chapter 2, Sub-title A, Title I, Book V, Executive Order [EO] No. 7, Chapter 2, Sub-title A, Title I, Book V, Executive Order [EO] No. 292, s. 1987, the “Administrative Code of 1987,” 25 July 1987]292, s. 1987, the “Administrative Code of 1987,” 25 July 1987]

. . . (5). . . (5) Commissioned officersCommissioned officers and enlisted men of the Armed Forces and enlisted men of the Armed Forces which shall which shall maintain a separate merit maintain a separate merit systemsystem;;

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2. x x x2. x x x 3.3. ThatThat all career third level all career third level

positions identified and classified by positions identified and classified by each of the member agency are each of the member agency are notnot embraced within the Career Executive embraced within the Career Executive Service (CES) and as such shall Service (CES) and as such shall notnot require Career Service Executive require Career Service Executive Eligibility (CSEE) or Career Executive Eligibility (CSEE) or Career Executive Service (CES) Eligibility for purposes of Service (CES) Eligibility for purposes of permanent appointmentpermanent appointment;” ;” (emphasis and (emphasis and

underscoring in the original)underscoring in the original)

““NOW, THEREFORE, the CFAG jointly resolvesNOW, THEREFORE, the CFAG jointly resolves::1. That 1. That all third level positions under all third level positions under

each member agency are career each member agency are career positions;positions;

1.2.1.2. Constitutional Fiscal Autonomy Group Constitutional Fiscal Autonomy Group (CFAG)(CFAG)

[Office of the Ombudsman vs. Civil Service Commission, G.R. No. [Office of the Ombudsman vs. Civil Service Commission, G.R. No. 159940, 16 February 2005] 159940, 16 February 2005]


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1.3.1.3. Department of Budget and Management to Department of Budget and Management to Classify PositionsClassify Positions

1. 1. THIRD LEVEL POSITIONSTHIRD LEVEL POSITIONS

““SEC 3. SEC 3. Powers and FunctionsPowers and Functions. The . The Department of Budget and Management Department of Budget and Management shall assist the President in the x x x shall assist the President in the x x x administration of compensation and administration of compensation and position classification system, x x x.” position classification system, x x x.” (Section (Section

3, Chapter 1, Title3, Chapter 1, TitleXVII, Book IV of the Administrative Code of 1987)XVII, Book IV of the Administrative Code of 1987)

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1.4. Classes of Positions1.4. Classes of Positionsa.a. “KEY positions refer to executive, managerial, “KEY positions refer to executive, managerial,

and chief of division or equivalent positions;and chief of division or equivalent positions;b. “TECHNICAL positions refer to those directly TECHNICAL positions refer to those directly

performing the mandated substantive and/or performing the mandated substantive and/or frontline services or frontline services or functions of the agencyfunctions of the agency; ;

c.c. “SUPPORT TO TECHNICAL positions refer to “SUPPORT TO TECHNICAL positions refer to those which provide staff or technical support those which provide staff or technical support functions to key and technical positions but functions to key and technical positions but do not perform frontline services/functions; do not perform frontline services/functions; andand

d.d. “ADMINISTRATIVE positions refer to those “ADMINISTRATIVE positions refer to those performing general services, clerical, human performing general services, clerical, human resource management, procurement, resource management, procurement, custodial and other related house-keeping custodial and other related house-keeping functions.” functions.” (underscoring supplied) [Item 3.2 bullet no. 4, DBM (underscoring supplied) [Item 3.2 bullet no. 4, DBM National Budget Circular No. 533, 5 December 2011]National Budget Circular No. 533, 5 December 2011]


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1.5.1.5. Departments or Agencies on Qualification Departments or Agencies on Qualification StandardsStandards

“ “SEC. 22 SEC. 22 Qualification Standards. – Qualification Standards. – (1) (1) AA

A qualification standard expresses the A qualification standard expresses the minimum requirements for a class minimum requirements for a class of positions in terms of education, of positions in terms of education, training and experience, training and experience, civil civil service eligibilityservice eligibility, physical fitness, , physical fitness, and other qualities required for and other qualities required for successful performance. x x x.” successful performance. x x x.”

(underscoring supplied) [Section 22 (2), Chapter(underscoring supplied) [Section 22 (2), Chapter

1.5.1.1.5.1.

5, Subtitle A, Title I, Book V, Executive Order No. 292, or 5, Subtitle A, Title I, Book V, Executive Order No. 292, or the Administrative Code of 1987, 25 July 1987, as the Administrative Code of 1987, 25 July 1987, as amended]amended]


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1.6.2.1.6.2.



(2) The establishment, administration (2) The establishment, administration and maintenance of qualification and maintenance of qualification standards shall be the standards shall be the responsibility of responsibility of the department or agencythe department or agency, with the , with the assistance and approval of the Civil assistance and approval of the Civil Service Commission and in consultation Service Commission and in consultation with the Wage and Position with the Wage and Position Classification Office.”Classification Office.” [underscoring supplied] [underscoring supplied]

(Chapter 5, Subtitle A [Civil Service (Chapter 5, Subtitle A [Civil Service Commission], Title I, Book V, Executive Order No. 292, or the Commission], Title I, Book V, Executive Order No. 292, or the “Administrative Code of 1987,” as amended, 25 July 1987)“Administrative Code of 1987,” as amended, 25 July 1987)

“ “SEC. 22. SEC. 22. Qualification Standards Qualification Standards – (1) – (1) x x x x x x



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1.6.3.1.6.3. “The CSC cannot substitute its own “The CSC cannot substitute its own standards for those of the department standards for those of the department or agency, specially in a case like this or agency, specially in a case like this in which an independent constitutional in which an independent constitutional body is involved.” body is involved.” (Office of the Ombudsman (Office of the Ombudsman

vs. vs. Civil Service Commission, G.R. No. 162215, 30 July Civil Service Commission, G.R. No. 162215, 30 July 2007)2007)



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1.6.4. “First, in order to qualify an First, in order to qualify an appointment as permanent, the appointment as permanent, the appointee must possess the rank appointee must possess the rank appropriate to the positionappropriate to the position. Failure in . Failure in this respect will render the appointment this respect will render the appointment merely temporary. In Atty. Bacal’s case, merely temporary. In Atty. Bacal’s case, it was ruled that she did not acquire it was ruled that she did not acquire tenure since she had only a CESO III tenure since she had only a CESO III rank; and that she was not appointed rank; and that she was not appointed CESO I which was CESO I which was the requisite eligibilitythe requisite eligibility for the position of Chief Public Attorney.” for the position of Chief Public Attorney.” (underscoring supplied) (underscoring supplied) (Cuevas vs. Bacal, GR No. 39382, 6 (Cuevas vs. Bacal, GR No. 39382, 6 December 2000; and Dimayuga vs. Benedicto IIDecember 2000; and Dimayuga vs. Benedicto II, G.R. No. 44153, 16 January 2002)



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1.6.5. “FR. BERNAS: x x x The Supreme FR. BERNAS: x x x The Supreme Court has constantly held that whether or Court has constantly held that whether or not a position is a policy-determining, not a position is a policy-determining, primarily confidential or highly technical, primarily confidential or highly technical, it is determined not by the title but by the it is determined not by the title but by the nature of trust entrusted to it. x x x [T]he nature of trust entrusted to it. x x x [T]he Supreme court has said before that a Supreme court has said before that a position which requires mere membership position which requires mere membership in the Bar is not a highly technical in the Bar is not a highly technical position. Since the term ‘highly technical’ position. Since the term ‘highly technical’ means something beyond the ordinary means something beyond the ordinary requirement of the profession, it is always requirement of the profession, it is always a question of fact.” a question of fact.” (CSC vs. Salas, G.R. No. 123708, (CSC vs. Salas, G.R. No. 123708, 19 June 1997, citing the Record of the Constitutional 19 June 1997, citing the Record of the Constitutional Commission, Vol. I, 571-572Commission, Vol. I, 571-572)

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A-1. SENATE BILL NO. 3215A-1. SENATE BILL NO. 3215

“ “SEC. 4. Definition of Terms. x x xSEC. 4. Definition of Terms. x x x

(d) (d) Career Executive Service Board (CESB)Career Executive Service Board (CESB) refers to the policy making body responsible refers to the policy making body responsible for the development, maintenance and for the development, maintenance and administration of the System administration of the System under the under the supervisionsupervision of the Civil Service Commission of the Civil Service Commission as provided herein.” as provided herein.” (underscoring supplied)(underscoring supplied)

2. CAREER EXECUTIVE SERVICE BOARD (CES 2. CAREER EXECUTIVE SERVICE BOARD (CES BOARD)BOARD)

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(d) “(d) “Career Executive Service Board Career Executive Service Board (CESB)” (CESB)” refers to the policy making body, refers to the policy making body, attached to attached to the Civil Service Commission, the Civil Service Commission, responsible for the development, maintenance responsible for the development, maintenance and administration of the Career Executive and administration of the Career Executive Service. Service. (underscoring supplied)(underscoring supplied)

2.2. CAREER EXECUTIVE SERVICE BOARD (CES CAREER EXECUTIVE SERVICE BOARD (CES BOARD)BOARD)B-1.B-1. NUCESO PROPOSALNUCESO PROPOSALB-1.B-1. NUCESO PROPOSALNUCESO PROPOSAL

SEC. 4. Definition of Terms. SEC. 4. Definition of Terms. x x x x xx

SEC. 4. Definition of Terms. SEC. 4. Definition of Terms. x x x x xx

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A-2. SENATE BILL NO. 3215A-2. SENATE BILL NO. 3215

““SEC. 6. SEC. 6. Career Executive Service Board Career Executive Service Board (CESB)(CESB).. – A Career Executive Service Board, – A Career Executive Service Board, hereinafter referred to as the Board, hereinafter referred to as the Board, under the under the supervisionsupervision of the Civil Service Commission is of the Civil Service Commission is hereby created. It shall be composed of the hereby created. It shall be composed of the most senior commissioner of the Commission most senior commissioner of the Commission who shall serve as the Board’s who shall serve as the Board’s ex-officioex-officio ChairpersonChairperson and and four (4) four (4) ex officio ex officio members members namely: namely: . . .. . .


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A-2. SENATE BILL NO. 3215A-2. SENATE BILL NO. 3215 (continuation)(continuation)

. . .. . . the Secretary of the Department of the Secretary of the Department of Budget and Management (DBM) or his/her Budget and Management (DBM) or his/her permanent representative holding a position permanent representative holding a position not lower than an undersecretary; the not lower than an undersecretary; the President of the Development Academy of the President of the Development Academy of the Philippines (DAP); the Dean of the National Philippines (DAP); the Dean of the National College of Public Administration and College of Public Administration and Governance (NCPAG) of the University of the Governance (NCPAG) of the University of the Philippines;Philippines; the President or representative of the President or representative of a duly accredited national federation or union a duly accredited national federation or union of Career Executive Service Officers.of Career Executive Service Officers. . . .. . .


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A-2.A-2. SENATE BILL NO. 3215SENATE BILL NO. 3215 (continuation)(continuation)

. . .. . . The Board shall also include three (3) The Board shall also include three (3) members to be appointed by the President for members to be appointed by the President for a term of three (3) years, namely: the a term of three (3) years, namely: the President or representative of a nationwide President or representative of a nationwide association of personnel and/or human association of personnel and/or human resource practitioners in the resource practitioners in the private sectorprivate sector, , the President or representative of the the President or representative of the Philippine Association of Professional Philippine Association of Professional Regulatory Board Members Regulatory Board Members (PAPRBM)(PAPRBM) and a and a representative of the representative of the Office of the PresidentOffice of the President.” .” (underscoring supplied)(underscoring supplied)


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SEC. 6. Career Executive Service Board SEC. 6. Career Executive Service Board (CES Board).(CES Board). - A Career Executive Service - A Career Executive Service Board, hereinafter referred to as the Board, Board, hereinafter referred to as the Board, is hereby created and shall be is hereby created and shall be attached toattached to the Civil Service Commission for policy and the Civil Service Commission for policy and program coordination. It shall be a collegial program coordination. It shall be a collegial body composed of six body composed of six (6) (6) ex-officioex-officio Members Members namely: the namely: the most senior commissionermost senior commissioner of the of the Civil Service Commission; the Executive Civil Service Commission; the Executive Secretary or his/her permanent Secretary or his/her permanent representative, who must be a CESO with the representative, who must be a CESO with the rank equivalent to a Deputy Executive rank equivalent to a Deputy Executive Secretary; Secretary; . . .. . .

2. CAREER EXECUTIVE SERVICE BOARD (CES 2. CAREER EXECUTIVE SERVICE BOARD (CES BOARD)BOARD)B-2. NUCESO PROPOSALB-2. NUCESO PROPOSALB-2. NUCESO PROPOSALB-2. NUCESO PROPOSAL

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. . .. . . the Secretary of the Department of the Secretary of the Department of Budget and Management (DBM) or his/her Budget and Management (DBM) or his/her permanent representative who must be a permanent representative who must be a CESO with the rank equivalent to an CESO with the rank equivalent to an Undersecretary;Undersecretary; the President of the National the President of the National Union of Career Executive Service Officers Union of Career Executive Service Officers (NUCESO) or his/her permanent (NUCESO) or his/her permanent representative;representative; the President of the the President of the Development Academy of the Philippines Development Academy of the Philippines (DAP); and the Dean of the National College of (DAP); and the Dean of the National College of Public Administration and Governance Public Administration and Governance (NCPAG) of the University of the (NCPAG) of the University of the Philippines. Philippines. . . . . . .

2. CAREER EXECUTIVE SERVICE BOARD (CES 2. CAREER EXECUTIVE SERVICE BOARD (CES BOARD)BOARD)B-2. NUCESO PROPOSALB-2. NUCESO PROPOSAL (continuation)(continuation)B-2. NUCESO PROPOSALB-2. NUCESO PROPOSAL (continuation)(continuation)

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. . .. . . The Board shall also include three (3) The Board shall also include three (3) regular members to be appointed by the regular members to be appointed by the President, who are familiar with President, who are familiar with human human resource management and organizational resource management and organizational developmentdevelopment.. Of those first appointed one shall Of those first appointed one shall hold office for term of two (2) years, one for hold office for term of two (2) years, one for four (4) years and the other for six (6) years, four (4) years and the other for six (6) years, and the succeeding appointments thereafter all and the succeeding appointments thereafter all for a term of six (6) years. The Board members for a term of six (6) years. The Board members shall shall elect among themselves a Chairman and elect among themselves a Chairman and Vice-Chairman.Vice-Chairman. The members of the Board may The members of the Board may be provided with be provided with per diems per diems and allowances as and allowances as may be determined by the Board. may be determined by the Board.

2. CAREER EXECUTIVE SERVICE BOARD (CES 2. CAREER EXECUTIVE SERVICE BOARD (CES BOARD)BOARD)B-2. NUCESO PROPOSALB-2. NUCESO PROPOSAL (continuation)(continuation)B-2. NUCESO PROPOSALB-2. NUCESO PROPOSAL (continuation)(continuation)

(underscoring supplied)(underscoring supplied)

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““From its inception, the CESB was From its inception, the CESB was intended to be an autonomous intended to be an autonomous entity, albeit administratively attached to entity, albeit administratively attached to respondent Commission. As respondent Commission. As conceptualized by the Reorganization conceptualized by the Reorganization Committee ‘the CESB shall be Committee ‘the CESB shall be autonomous. x x x The essential autonomous. x x x The essential autonomous character of the CESB is not autonomous character of the CESB is not negated by its attachment to respondent negated by its attachment to respondent Commission. By said attachment, CESB Commission. By said attachment, CESB was not made to fall within the control of was not made to fall within the control of respondent Commission.respondent Commission. x x x.’” (Eugenio vs. (Eugenio vs. CSC, G.R. No. 115863, 31 March 1995)CSC, G.R. No. 115863, 31 March 1995)

2.1. Constitutionality of the CES Board2.1. Constitutionality of the CES Board 2.1. Constitutionality of the CES Board2.1. Constitutionality of the CES Board

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“Hence, when Congress clothes the President with the power to appoint an officer, it (Congress) cannot at the same time limit the choice of the President to only one candidate. x x x Consequently, when the qualifications prescribed by Congress can only be met by one individual, such enactment effectively eliminates the discretion of the appointing power to choose and constitutes an irregular restriction on the power of appointment.”

2.2. Limits the Appointing Power2.2. Limits the Appointing Power of the President2.2. Limits the Appointing Power2.2. Limits the Appointing Power of the President

(Flores vs. Drilon, (Flores vs. Drilon, G.R. No. 104732, 22 June 1993))

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““SEC. 7. SEC. 7. Powers and Functions of the Board.Powers and Functions of the Board. The Board shall be the policy-making body The Board shall be the policy-making body for the Career Executive System. It shall for the Career Executive System. It shall promulgate rules, standards and procedures promulgate rules, standards and procedures in the recruitment, selection, in the recruitment, selection, assignment to assignment to positions,positions, attestation of appointment to CES attestation of appointment to CES positions,positions, conferment of ranks, classification, conferment of ranks, classification, compensation, mobility, performance compensation, mobility, performance management, tour of duty, rewards and management, tour of duty, rewards and incentives, and training and career incentives, and training and career development of CESOs and CESEs: development of CESOs and CESEs: . . .. . .

3. POWERS AND FUNCTIONS OF CES BOARD 3. POWERS AND FUNCTIONS OF CES BOARD

A. SENATE BILL NO. 3215A. SENATE BILL NO. 3215 A. SENATE BILL NO. 3215A. SENATE BILL NO. 3215

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. . .. . . Provided, Provided, That in the exercise of its That in the exercise of its power of supervision, power of supervision, the Commission may the Commission may motu propio motu propio review review, , reviserevise, , reverse or reverse or modify any policy,modify any policy, ruling and/or action of ruling and/or action of the Boardthe Board within a period of thirty (30) within a period of thirty (30) days from receipt of written notice thereof: days from receipt of written notice thereof: Provided further, Provided further, That if the Commission That if the Commission does not act within the said period, the does not act within the said period, the subject policy, ruling and/or action of the subject policy, ruling and/or action of the Board shall be deemed as presumptively Board shall be deemed as presumptively approved by the Commission.” approved by the Commission.” (underscoring (underscoring

supplied)supplied)

3. POWERS AND FUNCTIONS OF CES BOARD3. POWERS AND FUNCTIONS OF CES BOARD

A. SENATE BILL NO. 3215A. SENATE BILL NO. 3215 (continuation)(continuation)A. SENATE BILL NO. 3215A. SENATE BILL NO. 3215 (continuation)(continuation)

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B. NUCESO PROPOSAL B. NUCESO PROPOSAL

3. POWERS AND FUNCTIONS OF CES BOARD3. POWERS AND FUNCTIONS OF CES BOARD

SEC. 7. Powers and Functions of CES SEC. 7. Powers and Functions of CES Board.Board. - The CES Board shall be the - The CES Board shall be the policy-making body of the CES. It shall policy-making body of the CES. It shall promulgate rules, standards and promulgate rules, standards and procedures in the recruitment, selection, procedures in the recruitment, selection, classification, compensation, mobility, classification, compensation, mobility, performance management, tour of duty, performance management, tour of duty, rewards and incentives, training and rewards and incentives, training and career development of CESOs and CESEs.career development of CESOs and CESEs.

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3. POWERS AND FUNCTIONS OF CES BOARD3. POWERS AND FUNCTIONS OF CES BOARD3.1.3.1. “In this case, when Aurillo motu proprio took

over the preliminary investigation of I.S. No. 95-043 after the same had already been dismissed by the city prosecutor and ordered the assistant regional state prosecutor to conduct a preliminary investigation of the case, he exercised not only administrative supervision but control over the city prosecutor in the performance of the latter’s quasi-judicial functions.“ (Aurillo vs. Rabi, G.R. No.

120014, 26 November 2002)

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3. POWERS AND FUNCTIONS OF CES BOARD3. POWERS AND FUNCTIONS OF CES BOARD3.2.3.2. “There being no requirement in EO 292 “There being no requirement in EO 292

that appointment should be submitted to that appointment should be submitted to the CSC for attestation within 30 days the CSC for attestation within 30 days from issuance, it is doubtful by what from issuance, it is doubtful by what authority the CSC imposed such condition authority the CSC imposed such condition under Section 11, Rule V of the Omnibus under Section 11, Rule V of the Omnibus Rules. It certainly cannot restore what EO Rules. It certainly cannot restore what EO 292 itself already and deliberately 292 itself already and deliberately removed. At the very least, that removed. At the very least, that requirement cannot be used as basis to requirement cannot be used as basis to unjustly prejudiced respondent.”unjustly prejudiced respondent.” (Obiasca vs. (Obiasca vs.

Basallote, G. R. No. 176707, 17 February 2010) Basallote, G. R. No. 176707, 17 February 2010)

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SEC. 17. SEC. 17. DisciplineDiscipline. – Investigation and . – Investigation and adjudication of administrative complaints adjudication of administrative complaints against occupants of positions in the CES against occupants of positions in the CES appointed by the President, shall be vested appointed by the President, shall be vested with the Office of the President (O.P.). In the with the Office of the President (O.P.). In the case of non-presidential appointees, the same case of non-presidential appointees, the same shall be vested concurrently in the head of shall be vested concurrently in the head of the agency and the Civil Service Commission.the agency and the Civil Service Commission.

A. SENATE BILL NO. 3215A. SENATE BILL NO. 32154. DISCIPLINE4. DISCIPLINE

SEC. 21.SEC. 21. Discipline.Discipline. – The President shall – The President shall have the authority to discipline incumbents of have the authority to discipline incumbents of positions in the Career Executive System.positions in the Career Executive System.

B. NUCESO PROPOSALB. NUCESO PROPOSAL

4. DISCIPLINE4. DISCIPLINE

4.1.4.1. “Thus the petitioner is a presidential appointee who belongs to career service. Being a presidential appointee, he comes under direct disciplining authority of the President. This is in line with the settled principle that “power to remove is inherent in the power to appoint” conferred to the President by Section 16 Article VII of the Constitution.” (underscoring

supplied) [Larin vs. ExecutiveSecretary, G.R. No. 112745, 16 October 1997 and DOH VS. Camposano, G.R. No. 157684, 27 April 2005]

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4. DISCIPLINE4. DISCIPLINE4.2.4.2. “Section 16. The President shall nominate

and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. x x x.” (Article VII 3333Executive Department, 1987 Philippine Constitution)


4.3. 4.3. “SEC. 47. Disciplinary Jurisdiction. – “SEC. 47. Disciplinary Jurisdiction. – (1) x x x (1) x x x

6, Subtitle A, Title I, Book V, Executive Order (EO) No. 292 s. 6, Subtitle A, Title I, Book V, Executive Order (EO) No. 292 s. 1987, the “Administrative Code of 1987,” as amended, 25 1987, the “Administrative Code of 1987,” as amended, 25 July 1987]July 1987]

(2) The Secretaries and heads of (2) The Secretaries and heads of agencies and instrumentalities, agencies and instrumentalities, provinces, cities and municipalities shall provinces, cities and municipalities shall have jurisdiction have jurisdiction to investigate and to investigate and decide decide matters involving disciplinary matters involving disciplinary action against officers and employees action against officers and employees under their jurisdiction. x x x .”under their jurisdiction. x x x .”

(underscoring supplied) [Chapter (underscoring supplied) [Chapter

3434


4.4. 4.4. “SEC. 30. “SEC. 30. Authority to Appoint and Authority to Appoint and DisciplineDiscipline. – x x x In the case of the . – x x x In the case of the line bureau or office, the head shall line bureau or office, the head shall also appoint the also appoint the second level personnel of second level personnel of the regional officesthe regional offices, unless such power has , unless such power has been delegated. He shall have the been delegated. He shall have the authority to discipline employees in authority to discipline employees in accordance with the Civil Service accordance with the Civil Service Laws.” Laws.” (underscoring supplied)(underscoring supplied)[Chapter[Chapter 6, Book IV, Executive Order (EO) No. 292 s. 1987, 6, Book IV, Executive Order (EO) No. 292 s. 1987, the “Administrative Code of 1987”, 25 July 1987]the “Administrative Code of 1987”, 25 July 1987]

3535


4.5. 4.5. “SEC. 27. “SEC. 27. Duties of a Regional DirectorDuties of a Regional Director. – . – The Regional Director shall: The Regional Director shall:

x x xx x x (4) Appoint personnel to positions in (4) Appoint personnel to positions in

the the first level and casual and seasonal first level and casual and seasonal employeesemployees; and exercise disciplinary ; and exercise disciplinary actions over them in accordance with the actions over them in accordance with the Civil Service Law; Civil Service Law;

(underscoring supplied) [Chapter 5, Book IV, Executive (underscoring supplied) [Chapter 5, Book IV, Executive Order (EO) No. 292 s. 1987, the “Administrative Code of Order (EO) No. 292 s. 1987, the “Administrative Code of 1987,” as amended, 25 July 1987]1987,” as amended, 25 July 1987]

x x x.”x x x.”


4.6.4.6. In the case of DOH vs. Camposano, the high court state that the power of investigation may be delegated but not the authority to impose sanction, thus: “[t]he Court, however, sustained the right to delegate the power to investigate, as long as the adjudication would be made by the deciding authority.” (DOH VS.

Camposano,G.R. No. 157684, 27 April 2005)

3737


4.7.4.7. “[W]hile the term ‘adjudicatory’ appears part of its appellation, the IAD-ODESLA cannot try and resolve cases, its authority being limited to the conduct of investigations, preparation of reports and submission of recommendations. x x x The IAD-ODESLA is a fact-finding and recommendatory body to the President, not having the power to settle controversies and adjudicate cases.”(underscoring supplied) [Pichay vs.

3838

Office of the Deputy Executive Secretary for Legal Affairs, G.R. No. 196425, July 24, 2012]

3939

A.A. SENATE BILL NO. 3215SENATE BILL NO. 3215A.A. SENATE BILL NO. 3215SENATE BILL NO. 3215

““SEC. 15. SEC. 15. Mobility in the Career Executive Mobility in the Career Executive System.System. –A CESO may be assigned to any –A CESO may be assigned to any positionposition in the Career Executive System in the Career Executive System without diminution in rank and salary. The without diminution in rank and salary. The tour of duty of each CESO tour of duty of each CESO shall be for a shall be for a period of three (3) yearsperiod of three (3) years during which period during which period he/she shall not be transferred to another he/she shall not be transferred to another office without his/her consent. . . .office without his/her consent. . . .

5.5. MOBILITY IN THE CAREER EXECUTIVE MOBILITY IN THE CAREER EXECUTIVE SERVICESERVICE


4040

A.A. SENATE BILL NO. 3215 SENATE BILL NO. 3215 ((continuation)continuation)A.A. SENATE BILL NO. 3215 SENATE BILL NO. 3215 ((continuation)continuation)

. . . . . . In filling vacancy, the head of the In filling vacancy, the head of the agency shall give preference and priority to agency shall give preference and priority to those who have been appointed to rank or those who have been appointed to rank or conferred CES eligibility. The Board shall conferred CES eligibility. The Board shall provide information on vacancies, an provide information on vacancies, an updated list of available qualified persons updated list of available qualified persons who may be who may be assigned,assigned, and such other and such other mechanisms to assist the head of agency in mechanisms to assist the head of agency in the selection. the selection. (underscoring(underscoring



supplied)supplied)

4141

SEC. 19. Mobility in the Career SEC. 19. Mobility in the Career Executive ServiceExecutive Service.. – The – The personnel personnel movementmovement of a CESO may be to any position of a CESO may be to any position in the Career Executive Service in the Career Executive Service based on based on functional expertisefunctional expertise without diminution in without diminution in rank and salary and shall only be for a rank and salary and shall only be for a period of one year. The tour of duty of a period of one year. The tour of duty of a CESO appointed to a CESO appointed to a not station-specific CES not station-specific CES positionposition shall be for a period of three (3) shall be for a period of three (3) years during which period he/she shall not years during which period he/she shall not be transferred to another CES position/office be transferred to another CES position/office without his/her consent. without his/her consent. (underscoring supplied) (underscoring supplied)

B. NUCESO PROPOSALB. NUCESO PROPOSAL B. NUCESO PROPOSALB. NUCESO PROPOSAL5.5. MOBILITY IN THE CAREER EXECUTIVE MOBILITY IN THE CAREER EXECUTIVE

SERVICESERVICE5.5. MOBILITY IN THE CAREER EXECUTIVE MOBILITY IN THE CAREER EXECUTIVE

SERVICESERVICE

4242

5.1.1. “e.5.1.1. “e. Assignments, Assignments, Reassignments and Transfers. Reassignments and Transfers. Depending upon their ranksDepending upon their ranks, , members of the Service shall be members of the Service shall be assigned to occupy positions of assigned to occupy positions of Undersecretary, Assistant Secretary, Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau Bureau Director, Assistant Bureau Director, Regional Director, Chief of Director, Regional Director, Chief of Department Service and other Department Service and other officers of equivalent rank as may be officers of equivalent rank as may be identified by the Boardidentified by the Board on the basis on the basis of the members’ functional of the members’ functional expertiseexpertise…..” …..” (underscoring original in the (underscoring original in the case; emphasis supplied) case; emphasis supplied) [Cuevas vs. Bacal, G.R No. [Cuevas vs. Bacal, G.R No. 139382, 6 December 2000; Item No. 5, Article IV, Part 139382, 6 December 2000; Item No. 5, Article IV, Part III, Volume I, PD No. 1, otherwise known as the III, Volume I, PD No. 1, otherwise known as the “Integrated Reorganization Plan”, as amended, 24 “Integrated Reorganization Plan”, as amended, 24 September 1972]September 1972]

5.1.5.1. Based on Subject Matter of Based on Subject Matter of SpecializationSpecialization



4343

5.1.2. “f. 5.1.2. “f. Functional Groupings.Functional Groupings. Members of Members of the Career Executive Service shall the Career Executive Service shall be divided into a number of broad be divided into a number of broad functional groupings functional groupings based on the based on the subject matter of specialization, subject matter of specialization, not on the particular not on the particular department in which the work department in which the work is doneis done.” .” ((underscoring original in theunderscoring original in the

5.1.5.1. Based on Subject Matter of Based on Subject Matter of SpecializationSpecialization

law; emphasis supplied) law; emphasis supplied) [Item No. 5, Article IV (Career [Item No. 5, Article IV (Career Executive Service), Part III (Civil Service), Volume I, Executive Service), Part III (Civil Service), Volume I, Presidential Decree No. 1, otherwise known as the Presidential Decree No. 1, otherwise known as the “Integrated Reorganization Plan”, 24 September 1972, “Integrated Reorganization Plan”, 24 September 1972, as amended]as amended]



4444

5.2.5.2. Based on Functional Expertise of Based on Functional Expertise of DepartmentsDepartments5.2.1. “SECTION 1. Purpose and Number of 5.2.1. “SECTION 1. Purpose and Number of

Departments. - The Executive Departments. - The Executive Branch shall have such Departments Branch shall have such Departments as are necessary for the as are necessary for the functional distribution of the work of functional distribution of the work of the Presidentthe President and for the and for the performance of their functions.” performance of their functions.” (underscoring supplied) [Chapter(underscoring supplied) [ChapterI, Book IV of Executive Order No. 292 , s. 1987 or the I, Book IV of Executive Order No. 292 , s. 1987 or the “Administrative Code of 1987”, 25 July 1987, as “Administrative Code of 1987”, 25 July 1987, as amended]amended]



5.2.5.2. Based on Functional Expertise of Based on Functional Expertise of DepartmentsDepartments

x x x x x x

5.2.2.5.2.2. “SEC. 39. “SEC. 39. Secretary’s AuthoritySecretary’s Authority. – (1) The . – (1) The Secretary shall have supervision and Secretary shall have supervision and control over the bureaus, offices, and control over the bureaus, offices, and agencies under him, subject to the agencies under him, subject to the following guidelines: following guidelines:

(b) With respect to functions (b) With respect to functions involving discretion, experienced involving discretion, experienced judgment or judgment or expertise vested by law upon expertise vested by law upon a subordinate agencya subordinate agency, control shall be , control shall be exercised in accordance with said law; exercised in accordance with said law; and and x x x.” x x x.” [underscoring supplied] (Chapter 8, Book IV, Executive Order [underscoring supplied] (Chapter 8, Book IV, Executive Order (EO) No. 292 s. 1987, the “Administrative Code of 1987,” as (EO) No. 292 s. 1987, the “Administrative Code of 1987,” as amended, 25 July 1987)amended, 25 July 1987) 4545



4646

5.2.5.2. Based on Functional Expertise of Based on Functional Expertise of DepartmentsDepartments5.2.3.5.2.3. “Factual findings of administrative

agencies are generally respected and even accorded finality because of the special knowledge and expertise gained by these agencies from handling matters falling under their specialized jurisdiction.” (Modesto vs.

Urbina,G.R. No. 189859, 18 October 2010)



4747

5.2.4. “SEC. 10. 5.2.4. “SEC. 10. Powers and Duties of the Powers and Duties of the Undersecretary. – Undersecretary. – The The Undersecretary shall: Undersecretary shall:

x x xx x x (2)(2) Oversee all Oversee all

the the operationaloperational activities of the activities of the department for which he shall department for which he shall be responsible to the Secretary; be responsible to the Secretary;

x x x.”x x x.” (underscoring supplied) [Chapter 2, Book IV (underscoring supplied) [Chapter 2, Book IV

of ofExecutive Order No. 292 or the “Administrative Executive Order No. 292 or the “Administrative Code of 1987”, 25 July 1987, as amended]Code of 1987”, 25 July 1987, as amended]




4848

5.2.5. “SEC. 16. 5.2.5. “SEC. 16. Technical Service. – Technical Service. – Whenever necessary, one or more Whenever necessary, one or more technical services shall be established technical services shall be established to take charge of to take charge of technical staff technical staff activitiesactivities essential to a department essential to a department and which cannot be allocated to the and which cannot be allocated to the three other services or to the three other services or to the bureaus.” bureaus.” (underscoring(underscoringsupplied) [Chapter 3, Book IV, E.O. No. 292, s. 1987 or supplied) [Chapter 3, Book IV, E.O. No. 292, s. 1987 or the “Administrative Code of 1987”, 25 July 1987, as the “Administrative Code of 1987”, 25 July 1987, as amended]amended]




4949

5.2.6. “SEC. 16. 5.2.6. “SEC. 16. Legal Service. – Legal Service. – A Legal A Legal Service shall be provided where the Service shall be provided where the operationsoperations of the department involve of the department involve substantial legal work, in which case substantial legal work, in which case the Administrative Service shall not the Administrative Service shall not have a Legal Division. The Legal have a Legal Division. The Legal Service shall provide legal advice to Service shall provide legal advice to the department; interpret laws and the department; interpret laws and rules affecting the rules affecting the operationoperation of the of the department; x x x.”department; x x x.” (underscoring (underscoring

supplied)supplied)[Chapter 3, Book IV, E.O. No. 292, s. 1987 or the [Chapter 3, Book IV, E.O. No. 292, s. 1987 or the “Administrative Code of 1987”, 25 July 1987, as “Administrative Code of 1987”, 25 July 1987, as amended]amended]







5.2.7. “x x x 5.2.7. “x x x failed to uphold the law failed to uphold the law and provide a sound legal and provide a sound legal assistance and supportassistance and support to the to the mayor in carrying out the delivery mayor in carrying out the delivery of basic services and provisions of of basic services and provisions of adequate facilities when he adequate facilities when he advised [the mayor] to advised [the mayor] to proceed with the construction of the proceed with the construction of the subject projects without prior subject projects without prior competitive bidding.”competitive bidding.” [underscoring [underscoring

supplied, supplied,

words in parenthesis in the original] (Salumbides vs. words in parenthesis in the original] (Salumbides vs. Ombudsman, G.R. No. 180917Ombudsman, G.R. No. 180917,, 23 April 2010) 23 April 2010)

5050

5151

5.2.8. “SEC. 19. 5.2.8. “SEC. 19. Staff Bureau. – Staff Bureau. – (1) x x x (1) x x x

(2)(2) The Director of a The Director of a staff bureau shall: staff bureau shall: (a)(a) Advise and assist Advise and assist

the Office of the Secretary on the Office of the Secretary on matters pertaining to the matters pertaining to the Bureau’s Bureau’s area of specializationarea of specialization; ;

x x xx x x (c) Develop plans, programs,

operating standards, and administrative techniques for the attainment of the objectives and functions of the bureau;

x x x.”x x x.”(underscoring supplied) [Chapter(underscoring supplied) [Chapter 4, Book IV of 4, Book IV of Executive Order No. 292 or the “Administrative Executive Order No. 292 or the “Administrative Code of 1987”, 25 July 1987, as amended]Code of 1987”, 25 July 1987, as amended]




5252

5.2.9. “SEC. 20. 5.2.9. “SEC. 20. Line Bureau. – Line Bureau. – (1) A line (1) A line bureau shall directly bureau shall directly implementimplement programs adopted pursuant to programs adopted pursuant to department policies and plans.department policies and plans.

(2)(2) The Director of a The Director of a line bureau shall: line bureau shall:

x x x x x x (b)(b) Establish Establish policies and standards for the policies and standards for the operationsoperations of the bureau of the bureau pursuant to the plans and pursuant to the plans and program of the department; program of the department;

x x x.” x x x.” (underscoring supplied) [Chapter 4, Book (underscoring supplied) [Chapter 4, Book

IV ofIV of

Executive Order No. 292, s. 1987, or the Executive Order No. 292, s. 1987, or the “Administrative Code of 1987”, 25 July 1987, as “Administrative Code of 1987”, 25 July 1987, as amended] amended]




5353

5.2.10. 5.2.10. “SEC. 26. “SEC. 26. Functions of Functions of Regional Office. - Regional Office. - A regional office A regional office shall: shall:

Executive Order No. 292, s. 1987, or the Executive Order No. 292, s. 1987, or the “Administrative Code of 1987”, 25 July 1987, as “Administrative Code of 1987”, 25 July 1987, as amended)amended)

(a)(a) Implement Implement lawslaws, policies, plans, programs, , policies, plans, programs, rules and regulations of the rules and regulations of the department or agency in the department or agency in the regional area;regional area;

(b) Provide economical, efficient (b) Provide economical, efficient and effective and effective service to the service to the peoplepeople in the area; in the area;

x x x.” x x x.” (underscoring supplied) [Chapter 5, Book (underscoring supplied) [Chapter 5, Book

IV ofIV of




5454

5.2.11. “SEC. 27. 5.2.11. “SEC. 27. Duties of a Regional Duties of a Regional Director. – Director. – The Regional Director The Regional Director shall: shall:

(1)(1) Implement lawsImplement laws, , policies, rules and regulations policies, rules and regulations within the responsibility of the within the responsibility of the agency;agency;

(2)(2) Implement Implement agency programs in the region;agency programs in the region;

(3)(3) Exercise the Exercise the management functions management functions of of planning, organizing, directing and planning, organizing, directing and controlling; x x x.”controlling; x x x.”

(underscoring supplied) [Chapter 5, Book IV of (underscoring supplied) [Chapter 5, Book IV of Executive Order No. 292, s. 1987, or the “Administrative Executive Order No. 292, s. 1987, or the “Administrative Code of 1987”, 25 July 1987, as amended] Code of 1987”, 25 July 1987, as amended]







5.2.12.5.2.12. “The process of “The process of approval is not a approval is not a ministerial dutyministerial duty of approving of approving authorities to sign every document authorities to sign every document that comes across their desks, that comes across their desks, and then point to their and then point to their subordinates as the parties subordinates as the parties responsible if something goes responsible if something goes awry.”awry.” (underscoring supplied(underscoring supplied) [Nava vs. ) [Nava vs. Palattao, et. al, G.R. No. 160211, 28 August 2006]Palattao, et. al, G.R. No. 160211, 28 August 2006]

5555




the Ombudsman (Mindanao) vs. Cruzabra, G. R. No. the Ombudsman (Mindanao) vs. Cruzabra, G. R. No. 183507, 24 February 2010]183507, 24 February 2010]

5.2.13. 5.2.13. “Respondent’s guilt of “Respondent’s guilt of neglect of duty becomes more neglect of duty becomes more pronounced as note is taken of her pronounced as note is taken of her admitted inactionadmitted inaction upon learning of upon learning of the irregularity. Her justification for the irregularity. Her justification for such inaction – that to do so would such inaction – that to do so would subject her to a charge of falsification subject her to a charge of falsification – reflects her indifference, to say the – reflects her indifference, to say the least, to her duties and functions.” least, to her duties and functions.”

(underscoring in the original) [Office of(underscoring in the original) [Office of5656




5.2.14. “That it is the duty and 5.2.14. “That it is the duty and

responsibility of respondent, as responsibility of respondent, as

register of deeds, to register of deeds, to directdirect and and

supervisesupervise the activities of her the activities of her

officeoffice can never be overemphasized. can never be overemphasized.

Whether respondent exercised Whether respondent exercised

prudence and vigilance in prudence and vigilance in

discharging her duties, she has discharging her duties, she has

not shown.” not shown.” (underscoring and emphasis in the (underscoring and emphasis in the

original)original)

[Office of the Ombudsman (Mindanao) vs. Cruzabra, G.R. No. 183507, 24 February 2010]

5757

5858

5.3.5.3. Department-Specific Career Service PositionsDepartment-Specific Career Service Positions5.3.1.5.3.1. DOJ-National Prosecution Service (DOJ-DOJ-National Prosecution Service (DOJ-

NPS)NPS)““Section 16.Section 16. Qualifications, Ranks, and Qualifications, Ranks, and Appointments of Prosecutors, and other Appointments of Prosecutors, and other Prosecution Officers.Prosecution Officers. - Prosecutor with the - Prosecutor with the rank rank of Prosecutor V shall have the same of Prosecutor V shall have the same qualification for appointment, rank, qualification for appointment, rank, category, prerogatives, salary grade and category, prerogatives, salary grade and salaries, allowances, emoluments and salaries, allowances, emoluments and other other privileges, shall be subject to the privileges, shall be subject to the same inhibitions and disqualifications, same inhibitions and disqualifications, and shall enjoy the same retirement and and shall enjoy the same retirement and other benefits as those of an Associate other benefits as those of an Associate Justice of the Court of Appeals.Justice of the Court of Appeals. x x x . . . x x x . . .



5959

5.3.5.3. Department-Specific Career Service PositionsDepartment-Specific Career Service Positions

5.3.1.5.3.1. DOJ-NPS DOJ-NPS (continuation)(continuation)

. . . Prosecutor with the rank of . . . Prosecutor with the rank of Prosecutor I shall have the same Prosecutor I shall have the same qualifications for appointment, rank, qualifications for appointment, rank, category, prerogatives, salary grade and category, prerogatives, salary grade and salaries, allowances, emoluments and salaries, allowances, emoluments and other privileges, shall be subject to the other privileges, shall be subject to the same inhibitions and disqualifications, same inhibitions and disqualifications, and shall enjoy the same retirement and and shall enjoy the same retirement and other benefit as those of a Judge of the other benefit as those of a Judge of the Metropolitan Trial Court in municipalities. Metropolitan Trial Court in municipalities.

x x x.”x x x.”(Republic Act No. 10071 “An Act Strengthening and (Republic Act No. 10071 “An Act Strengthening and Rationalized the National Prosecution Service”, 8 April 2010Rationalized the National Prosecution Service”, 8 April 2010)



6060


5.3.2.5.3.2. DOJ- Office of the Solicitor General DOJ- Office of the Solicitor General (OSG)(OSG)““SEC. 3. SEC. 3. StandardsStandards.. - The Solicitor - The Solicitor General shall have cabinet rank and General shall have cabinet rank and the same qualifications for the same qualifications for appointment, rank, prerogatives, appointment, rank, prerogatives, salaries, allowances, benefits and salaries, allowances, benefits and privileges as the Presiding Justice of privileges as the Presiding Justice of the Court of Appeals; an Associate the Court of Appeals; an Associate Solicitor General, those of an Associate Solicitor General, those of an Associate Justice of the Court of Appeals. . . . Justice of the Court of Appeals. . . .



6161


5.3.2.5.3.2. DOJ-OSG DOJ-OSG (continuation)(continuation)

(Republic Act No. 9417 or(Republic Act No. 9417 or “An Act To Strengthen the Office “An Act To Strengthen the Office of the Solicitor General by Expanding and Streamlining its of the Solicitor General by Expanding and Streamlining its Bureaucracy, Upgrading Employee Skills and Augmenting Bureaucracy, Upgrading Employee Skills and Augmenting Benefits, and Appropriating Funds Therefor and For Other Benefits, and Appropriating Funds Therefor and For Other Purposes” and its Implementing Rules and Regulations, 30 Purposes” and its Implementing Rules and Regulations, 30 March 2007)March 2007)

The qualification for appointment, rank, The qualification for appointment, rank, prerogatives, salaries, and privileges of prerogatives, salaries, and privileges of Solicitors shall be the same as judges, Solicitors shall be the same as judges, specified as follows: specified as follows: Senior State SolicitorSenior State Solicitor Regional Trial Court JudgeRegional Trial Court Judge

Senior State Solicitor IISenior State Solicitor II Metropolitan Trial Court JudgeMetropolitan Trial Court Judge

State Solicitor IState Solicitor I Municipal Trial Court in Cities JudgeMunicipal Trial Court in Cities Judge



6262


5.3.3.5.3.3. Department of Science and Department of Science and TechnologyTechnology““Section 4. Section 4. Science and Technology Science and Technology Career SystemCareer System.. - A career system for - A career system for science and technology personnel in the science and technology personnel in the service of the government which is service of the government which is patterned after the Scientific Career patterned after the Scientific Career System (SCS) shall be formulated by the System (SCS) shall be formulated by the DOST in coordination with the Civil DOST in coordination with the Civil Service Commission.” Service Commission.” (Republic Act No. 8439 (Republic Act No. 8439

or “An Act or “An ActProviding A Magna Carta For Scientists, Engineers, Providing A Magna Carta For Scientists, Engineers, Researchers and Other Science and Technology Personnel Researchers and Other Science and Technology Personnel in Government”, 22 December 1997) in Government”, 22 December 1997)



6363


5.3.4.5.3.4. Department of Foreign AffairsDepartment of Foreign Affairs

““Sec. 47. Functions. — The Board shall Sec. 47. Functions. — The Board shall conduct examinations and nominate to conduct examinations and nominate to the President, through the Secretary, the President, through the Secretary, successful candidates for appointments successful candidates for appointments as foreign service officers, class VI. It as foreign service officers, class VI. It shall receive and screen applications shall receive and screen applications for the foreign service officer (FSO) for the foreign service officer (FSO) examinations.” examinations.” [Republic Act No. 7157 or [Republic Act No. 7157 or

thethe““Philippine Foreign Service Act of 1991”, 19 September Philippine Foreign Service Act of 1991”, 19 September 1991] 1991]



6464

5.4.5.4. Departmentation/DivisionalizationDepartmentation/Divisionalization

“The extent and size of depart-mentation/divisionalization shall take into account the functional distribution, workload, span of control, type and variety of skills/expertise required, the number of personnel for each type of expertise, and the geographical location of the work station in order to ensure clear and effective performance accountability.” (underscoring

supplied) [Item III ORGANIZATIONAL GUIDELINES, (A), CSC-DBM Joint Resolution No. 1, s. 2006, the “Rationalization Program’s Organizational and Staffing Standards Guidelines”, 12 May 2006]



6565

5. MOBILITY IN THE CAREER EXECUTIVE 5. MOBILITY IN THE CAREER EXECUTIVE SERVICESERVICE5.5.5.5. “SEC. 6. “SEC. 6. Other Personnel Movements. Other Personnel Movements.

The following personnel movements, which The following personnel movements, which will not require issuance of an appointment will not require issuance of an appointment shall nevertheless require an office order shall nevertheless require an office order by duly authorized official.by duly authorized official. a.a. Reassignment – Reassignment – movementmovement of an of an

employee from one organizational unit to employee from one organizational unit to another of the same department or another of the same department or agency x x x.agency x x x.

b.b. Detail – temporary Detail – temporary movementmovement of an of an employee from one department or employee from one department or agency to another x x x.agency to another x x x.

c.c. Secondment – Secondment – movementmovement of an of an employee from one department or employee from one department or agency to another x x x.” agency to another x x x.” (emphasis in the (emphasis in the original)original) [CSC MC. No. 40 s. 1998 “Revised Omnibus Rules on [CSC MC. No. 40 s. 1998 “Revised Omnibus Rules on Appointments and Other Personnel Actions”, 14 December Appointments and Other Personnel Actions”, 14 December 1998]1998]

6666

5. MOBILITY IN THE CAREER EXECUTIVE 5. MOBILITY IN THE CAREER EXECUTIVE SERVICESERVICE5.6.5.6. Period of one (1) year for personnel Period of one (1) year for personnel

movementmovement

5.6.1.5.6.1. “Reassignment of employees “Reassignment of employees with with station-specific station-specific place of place of work indicated in their respective work indicated in their respective appointments shall be allowed appointments shall be allowed only for aonly for a maximum period of maximum period of one (1) year. x x x.” one (1) year. x x x.” (emphasis in (emphasis in

the original)the original) [CSC MC No. 02, s. 2005 “Revised Rules on [CSC MC No. 02, s. 2005 “Revised Rules on Reassignment”, 4 January 2005]Reassignment”, 4 January 2005]

6767

5. MOBILITY IN THE CAREER EXECUTIVE 5. MOBILITY IN THE CAREER EXECUTIVE SERVICESERVICE

5.6.5.6. Period of one (1) year for personnel Period of one (1) year for personnel movementmovement

5.6.2.5.6.2. “b. x x x Detail shall be allowed “b. x x x Detail shall be allowed only for a maximum period of one only for a maximum period of one year in the case of employees year in the case of employees occupying professional, technical occupying professional, technical and scientific position. x x x.”; and scientific position. x x x.”; (Section 6(b), Rule III, CSC MC. (Section 6(b), Rule III, CSC MC. No. 40, s. 1998 “Revised Omnibus Rules on No. 40, s. 1998 “Revised Omnibus Rules on Appointments and Other Personnel Actions”, 14 Appointments and Other Personnel Actions”, 14 December 1998)December 1998)

6868


5.7.5.7. Tour of Duty Applies to CESO appointed to Tour of Duty Applies to CESO appointed to Not-station Specific PositionsNot-station Specific Positions

5.7.1..7.1. In the case of the In the case of the Career Executive Service, CESO’s Career Executive Service, CESO’s that are not appointed to a that are not appointed to a particular post are considered to be particular post are considered to be occupying a not station-specific CES occupying a not station-specific CES positions. Thus, applying the same positions. Thus, applying the same principle for career foreign service principle for career foreign service officers, they are the specific class officers, they are the specific class of CESO covered by the tour of duty.of CESO covered by the tour of duty.

6969


5.7.5.7. Tour of Duty Applies to CESO appointed to Tour of Duty Applies to CESO appointed to Not-station Specific PositionsNot-station Specific Positions

5.7.2.5.7.2. “Thus when, the “Thus when, the Foreign Service Act (both old [R.A. Foreign Service Act (both old [R.A. No. 708] and [R.A. No. 7157]) No. 708] and [R.A. No. 7157]) speaks of the ‘tour of duty’ it speaks of the ‘tour of duty’ it envisions the Secretary’s power and envisions the Secretary’s power and prerogative to assign and reassign prerogative to assign and reassign service personnel to posts abroad service personnel to posts abroad and in Home Office, which is and in Home Office, which is discretionary act ‘guided chiefly by discretionary act ‘guided chiefly by his perception of what is necessary his perception of what is necessary for the good of the service.” for the good of the service.” [Department of Justice Opinion No. 75 dated 26 May [Department of Justice Opinion No. 75 dated 26 May 1994 citing Manglapus vs. Matias (192 SCRA 496)]1994 citing Manglapus vs. Matias (192 SCRA 496)]

7070

5. MOBILITY IN THE CAREER EXECUTIVE 5. MOBILITY IN THE CAREER EXECUTIVE SERVICESERVICE5.7.5.7. Tour of Duty Applies to CESO appointed to Tour of Duty Applies to CESO appointed to

Not-Station Specific PositionsNot-Station Specific Positions

5.7.3.5.7.3. “Sec. 37. Tour of Duty. - Subject to “Sec. 37. Tour of Duty. - Subject to the exigencies of the service;the exigencies of the service;

(a)(a) The tour of duty of a foreign The tour of duty of a foreign service service officer at any post shall be officer at any post shall be six (6) six (6) years years commencing on commencing on the date of the date of his arrival at the post, after his arrival at the post, after which which he shall serve in the home he shall serve in the home office;office;

x x x.”[RA 7157 “Philippine Foreign Service Act of

1991”, 19 September 1991]

6.6.POLICY DIRECTIVES AFFECTING CES POLICY DIRECTIVES AFFECTING CES PERFORMANCEPERFORMANCE6.1.6.1. Results-Based Performance Management Results-Based Performance Management

SystemSystem

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6.1.1.6.1.1. ““SECTION 3. Harmonized RBPMS. The Organizational Performance Indicators Framework (OPIF) and the Results Matrix (RM) shall be the underlying frameworks for the proposed RBPMS, which will be used by all government agencies mandated to exercise broad oversight over the performance of all agencies in the government. x x x.” (Administrative Order No.

25, s. 2011,“Creating an Inter-agency Task Force on the Harmonization of National Government Performance Monitoring, Information and Reporting Systems”, 21 December 2011)

6.6.POLICY DIRECTIVES AFFECTING CES POLICY DIRECTIVES AFFECTING CES PERFORMANCEPERFORMANCE6.1.6.1. Results-Based Performance Management Results-Based Performance Management

SystemSystem

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6.1.2.6.1.2. ““SECTION 4. Involvement of Other Government Oversight Office. The Task Force shall involve the Civil Service Commission (CSC) and the Career Executive Service Board (CESB) in order to align the Strategic Performance Management [System] (SPMS) of CSC and the Career Executive Service Performance Evaluation System (CESPES) of CESB to the proposed RBPMS. x x x.” (underscoring and

bracketedword supplied) [Administrative Order No. 25, s. 2011, Creating an Inter-agency Task Force on the Harmonization of National Government Performance Monitoring, Information and Reporting Systems”, 21 December 2011]

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6.6.POLICY DIRECTIVES AFFECTING CES POLICY DIRECTIVES AFFECTING CES PERFORMANCEPERFORMANCE6.2.6.2. Performance-Based Incentive SystemPerformance-Based Incentive System

Task Force (IATF) on the Harmonization of National Government Performance Monitoring, Information and Reporting Systems, MC No. 2012-1 “Guidelines on the Cascading of Department Performance Targets in Line with Executive Order No. 80”, 13 August 2012]

6.2.1. “Major Final Output (MFO) – a good or 6.2.1. “Major Final Output (MFO) – a good or service that a department is service that a department is mandated to mandated to deliver to external clientsdeliver to external clients through the through the implementation of programs, activities implementation of programs, activities and projects. It may be a single output or and projects. It may be a single output or group outputs that are similar in nature, group outputs that are similar in nature, targeted at the same organizational / targeted at the same organizational / sector outcomesector outcome and capable of being and capable of being summarized by a common performance summarized by a common performance indicator.” indicator.” (underscoring supplied) (underscoring supplied) [Item 4.1, Inter-

agency

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No. No. 2012-1 “Guidelines on the Cascading of Department Performance Targets in Line with Executive Order No. 80”, 13 August 2012]

6.2.2. “The Department shall select, prioritize or 6.2.2. “The Department shall select, prioritize or name the 3 most significant performance name the 3 most significant performance indicators of indicators of output and outcome under output and outcome under each MFOeach MFO to capture the dimension of to capture the dimension of quantity, quality, and timeliness. x x x. All quantity, quality, and timeliness. x x x. All agencies shall feature outputs and agencies shall feature outputs and outcomes among their MFO targets and outcomes among their MFO targets and not internal / intermediate outputs ornot internal / intermediate outputs or ‘throughputs’.‘throughputs’.” ” (underscoring(underscoring supplied) supplied) [Item 7.2, IATF [Item 7.2, IATF

MCMC

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“Guidelines on the Cascading of Department Performance Targets in Line with Executive Order No. 80”, 13 August 2012]

6.2.3. “Offices under ‘Support to Operations’ and 6.2.3. “Offices under ‘Support to Operations’ and ‘General Administration and Support ‘General Administration and Support Services’ which provide Services’ which provide administrative and administrative and technical support to the bureaus technical support to the bureaus responsible for the delivery of the MFOs responsible for the delivery of the MFOs and the key programs / projectsand the key programs / projects shall be shall be given two (2) PIs each, capturing the given two (2) PIs each, capturing the dimensions of quality and timeliness of dimensions of quality and timeliness of services specified by the department head services specified by the department head for theses offices. x x x.” for theses offices. x x x.” (underscoring supplied) [Item 7.6, IATF MC No. (underscoring supplied) [Item 7.6, IATF MC No. 2012-1

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Thank you!Thank you!

NUCESO COMMENTS ON SENATE BILL 3215 ENTITLED “Career Executive Service Act of 2012”

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