CESB Circular No. 02, s. 2011

September 6, 2011 BIR MEMORANDUM TO : All Revenue Officials and Employees Concerned SUBJECT : CESB Circular No. 02, Series of 2011, Entitled "Clarification on the Coverage of the Career Executive Service (CES)"; and CESB Circular No. 03, Series of 2011, Entitled "Revised Policy on Recommendation for Original and Promotional Appointment to Career Executive Service (CES) Ranks of Officials with Pending Cases" For the information and guidance of all concerned, please disseminate in all Bureau Offices the attached copies of CESB Circular Nos. 2 and 3 series of 2011 signed by CESBOARD Chairperson Bernardo P. Abesamis and attested by CESBOARD Executive Director Maria Anthonette Velasco-Allones together with its attachments relative to the above-mentioned subject matter. cICHTD You are enjoined to post the copies of this issuance together with its attachments in your Office Bulletin Board, or in a conspicuous place within your Office, to ensure that it shall be given the most extensive publicity possible. (SGD.) CELIA C. KING Deputy Commissioner Resource Management Group ATTACHMENT Republic of the Philippines CAREER EXECUTIVE SERVICE BOARD August 16, 2011 HON. KIM S. JACINTO-HENARES Commissioner Bureau of Internal Revenue Rm. 501/511, BIR National Office Bldg. Diliman 1101 Quezon City Dear Commissioner Jacinto-Henares : For your information and guidance, we are furnishing your good office the following CESB Circulars: 1. CESB Circular No. 02 , Series of 2011, entitled "Clarification on the Coverage of the Career Executive Service (CES)" ; and 2. CESB Circular No. 03 , Series of 2011, entitled "Revised Policy on Recommendation for original and Promotional Appointment to Career Executive Service (CES) Ranks of Officials with Pending Cases". Thank you. HIEAcC Very truly yours, (SGD.) ARTURO M. LACHICA, CESO II OIC-Executive Director CESB CIRCULAR NO. 002-11 TO : All Heads of Departments and Agencies of the National Government, Including Government-Owned or Controlled Corporations with Original Charters, and All Officials in the Career Executive Service SUBJECT : Clarification on the Coverage of the Career Executive Service (CES) On May 9, 2009, the Career Executive Service Board issued CESB Resolution No. 799, entitled "Omnibus Policy on the Coverage of the Career Executive Service" and circularized in Memorandum Circular No. 3, s. 2009, which classified the following positions as within the coverage of the Career Executive Service (CES), to wit: a. The Career Executive Service includes the positions of Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional Director (department-wide and bureau-wide), Assistant Regional Director (department-wide and bureau-wide), and Chief of Department Service; b. Unless provided otherwise, all other managerial or executive positions in the government, including government-owned or controlled corporations with original charters are embraced within the CES provided that they meet the following criteria: i.) The position is a career position; ii.) The position is above division chief level; and, iii.) The duties and responsibilities of the position require the performance of executive and managerial functions. Subsequently, on November 23, 2010, the Supreme Court, in the case of PCSO v. CSC , G.R. No. 185766 and G.R. No. 185767, limited the coverage of positions belonging to the CES to positions requiring Presidential appointment. Hence, CES positions have now become synonymous to third level positions by virtue of the said ruling. In accordance with this recent jurisprudence, the Board deemed it appropriate to issue the following guidelines to clarify the policy on the coverage of the CES and its classification: TCIDSa 1. For career service positions requiring Presidential appointment expressly enumerated under Section 7 (3), Chapter 2, Subtitle A, Title 1, Book V of the Administrative Code of 1987 namely: Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional Director, Assistant Regional Director, and Chief of Department Service, no classification of position is necessary to place them under the coverage of the CES, except if they belong to Project Offices, in which case a position classification is required, in consultation with the Department of Budget and Management (DBM). 2. For positions requiring Presidential appointments other than those enumerated above, a classification of positions is necessary which shall be conducted by the Board, upon request of the head of office of the government department/agency concerned, to place them under the coverage of the CES provided they comply with the following criteria: i.) The position is a career position; ii.) The position is above division chief level; and, iii.) The duties and responsibilities of the position require the performance of executive and managerial functions. All appointments to positions which have not been previously classified as part of the CES would be deemed co-terminus with the appointing authority. 3. Positions Excluded from the Coverage of the Career Executive Service. The following executive and managerial positions are excluded from the coverage of the Career Executive Service: a. Managerial and executive positions which have fixed term of office as provided for in the charter of the agency or as specified by law. b. Managerial and executive positions in the non-career service which include the following: i. Elective officials and their personal or confidential staff; ii. Secretaries and other officials of cabinet rank who hold their positions at the pleasure of the President and their personal or confidential staff; iii. Chairman and members of commission and boards with fixed terms of office and their personal or confidential staff; iv. Contractual personnel or those whose employment in the government is in accordance with a special contract to undertake a specific work or job; and, v. Emergency and seasonal personnel. c. Managerial and executive positions in the national government belonging to the closed career systems which are administered by special bodies such as the Foreign Service, Philippine National Police, State Colleges and Universities unless otherwise provided in their respective charters, the Scientific Career Service and the like. d. The position of Head Executive Assistant. e. Managerial and executive positions in local government units. 4. Status of Incumbents of Positions Included Under the Coverage of the CES. Incumbents of positions which are declared to be Career Executive Service positions for the first time pursuant to this Resolution who hold permanent appointments thereto shall remain under permanent status in their respective positions. However, upon promotion, appointment or transfer to other Career Executive Service positions, these incumbents shall be under temporary status in said other Career Executive Service positions until they qualify. 5. Exemption from the coverage in the Career Executive Service. An agency may request the Board that a position be declared a non-CES position if the head of the agency believes that said position does not properly belong in the Career Executive Service. A request for exemption should be filed with the Career Executive Service Board accompanied by appropriate justifications. The Board shall issue a decision on the matter within two (2) months from receipt of such request. For information and guidance. CESB Resolution No. 945 was published on August 15, 2011 in the Official Gazette. (SGD.) BERNARDO P. ABESAMIS Chairperson Attested by: (SGD.) MARIA ANTHONETTE VELASCO-ALLONES Executive Director CESB CIRCULAR NO. 003-11 TO : All Heads of Departments and Agencies of the National Government, Including Government-Owned or Controlled Corporations with Original Charters, and All Officials in the Career Executive Service SUBJECT : Revised Policy on Recommendation for Original and Promotional Appointment to Career Executive Service (CES) Ranks of Officials with Pending Cases On May 9, 2009, the Career Executive Service Board issued CESB Resolution No. 798, s. 2009, providing for the guidelines on the appointment to a CES rank of a CESO with pending cases. Under the said rules, the Board recommends a CESO or CES eligible for appointment to a CES rank, even if he/she has pending cases, if after an exhaustive review of the cases, the Board finds that the cases do not involve moral turpitude. TaCDAH The Supreme Court, in the case of Villaber vs. COMELEC, G.R. No. 148326 dated November 15, 2001, defined moral turpitude as "an act of baseness, vileness, or depravity in the private duties which a man owes his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and woman, or conduct contrary to justice, honesty, modesty, or good morals". Recent studies show that a number of officials who are being considered for appointment to CESO rank have pending cases filed against them. The Board decided to adopt a Revised Policy on Recommendation for Original and Promotional Appointment to Career Executive Service (CES) Ranks of Officials with Pending Cases, and issued CESB Resolution No. 946 dated June 14, 2011 (Revised Policy on Recommendation for Original and Promotional Appointment to Career Executive Service (CES) Ranks of Officials with Pending Cases), providing the new rules that will govern the original and promotional rank appointment of officials with pending cases, as follows: RULE I With Respect to Cases Pending with the Office of the Ombudsman Section 1. The Board shall, after an exhaustive evaluation, recommend a CESO or a CES Eligible for appointment to a CES rank even if he/she has pending cases, under the following circumstances: a) If the cases filed do not involve moral turpitude; and b) Even if the cases filed involve moral turpitude, if the Board has reasonable grounds to believe that the cases are purely harassment cases or constitute malicious prosecution and the acts complained of arose from the performance of official functions. Section 2. In case of dismissal and/or exoneration from the charges filed, the official concerned shall furnish the Board a copy of the Decision/Order of Dismissal together with a Certification that he/she has no pending criminal or administrative case. RULE II With Respect to Cases Pending with the Regular Courts or Quasi-Judicial Bodies Section 1. The Board shall, after an exhaustive evaluation, recommend a CESO or a CES Eligible for appointment to a CES rank even if he/she has pending cases, under the following circumstances: a) If the cases filed do not involve moral turpitude; and b) Even if the cases filed involve moral turpitude, if the Board has reasonable grounds to believe that the cases are purely harassment cases or constitute malicious prosecution and the acts complained of arose from the performance of official functions. Section 2. In case of dismissal and/or exoneration from the charges filed, the official concerned shall furnish the Board a copy of the Decision/Order of Dismissal together with a Certification that he/she has no pending criminal or administrative case. IDESTH RULE III With Respect to Cases Pending with the Sandiganbayan Section 1. The Board shall not endorse the appointment to a CES rank of the official concerned until such time that he/she is finally cleared or exonerated from the charges. For information and guidance. CESB Resolution No. 945 was published on August 15, 2011 in the Official Gazette. (SGD.) BERNARDO P. ABESAMIS Chairperson Attested by: (SGD.) MARIA ANTHONETTE VELASCO-ALLONES Executive Director