CESB Circular Nos. 02 and 03 s. 2011, and Proclamation No. 242 Dated August 24, 2011

September 8, 2011 BLGF MEMORANDUM CIRCULAR NO. 018-11 TO : All Central and Regional Directors of this Bureau and All Others Concerned SUBJECT : CESB Circular Nos. 02 and 03 s. 2011, and Proc lamation No. 24 2 Dated August 24, 2011 For the information and guidance of all concerned, attached are copies of issuances from the Career Executive Service Board and Office of the President to wit: 1. CESB Circular No. 02, s. 2011, entitled "Clarification of the Coverage of the Career Executive Service (CES)"; 2. CESB Circular No. 03, s. 2011, entitled "Revised Policy on Recommendation for Original and Promotional Appointment to Career Executive Service (CES) Rank of Officials with Pending Cases"; and 3. Proclamation No. 242 dated August 24, 2011 of the Office of the President declaring the period from September 05, to October 05, of every year as "National Teachers' Month". The Central and Regional Directors of this Bureau are hereby instructed to take note of the above and disseminate the contents of these Circulars to Bureau Staff and other concerned offices. cHITCS Be guided accordingly. (SGD.) ATTY. FLOSIE F. FANLO-TAYAG Deputy Executive Director Officer-In-Charge ATTACHMENT 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 Office of the President of the Philippines Malacaang MALACAANG RECORDS OFFICE Manila, August 26, 2011 HON. CESAR V. PURISIMA Secretary Department of Finance Manila Sir : I have the honor to transmit for your information and guidance, a certified copy of Proclamation No. 242 dated August 24, 2011 entitled "DECLARING THE PERIOD FROM 05 SEPTEMBER TO 05 OCTOBER OF EVERY YEAR AS "NATIONAL TEACHERS' MONTH." Thank you. Very truly yours, (SGD.) MARIANITO M. DIMAANDAL Director IV PROCLAMATION NO. 242 August 24, 2011 DECLARING THE PERIOD FROM 05 SEPTEMBER TO 05 OCTOBER OF EVERY YEAR AS "NATIONAL TEACHERS' MONTH" WHEREAS, the United Nations Education, Scientific and Cultural Organization (UNESCO) designated 05 October of every year as "World Teachers' Day," which is a day to celebrate the central role that teachers play in guiding the children, youth and adults through the life-long learning process; SAaTHc WHEREAS, there is a need to generate widespread awareness and support for World Teachers' Day here in the Philippines; WHEREAS, it is essential to revitalize the image of teaching as a vocation by increasing public awareness on the value of teachers in Philippine society and national development; WHEREAS, the occasion can be used to celebrate the unique role and service that teachers play in guiding families, strengthening communities, and building the nation; WHEREAS, to contribute to the growth and development of the teaching profession in the country as well as to publicly express appreciation to teachers, both active and retired, a Teachers' Month Campaign (TMC) was conceived in July 2008 by the Metrobank Foundation, Inc. (MBFI), De la Salle Philippines (DSLP), Philippine Business for Education (PBEd), and Campaigns Social Response (CSR), with the special participation of the Department of Education (DepEd) and the support of key business institutions; WHEREAS, owing to its success, the Campaign has generated more support from government, private companies, and major organizations in 2009 and 2010; and WHEREAS, Presidential Proclamation No. 41 (s. 2010) declared the first Friday of September to 05 October 2010 as National Teachers' Month. NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue of the powers vested in me by law, do hereby declare the period from 05 September to 05 October of every year as "National Teachers' Month." aSCHcA In this regard, and as recommended by the TMC Steering Committee, I also endorse the recitation of the National Prayer for Teachers (Annex A) during the same period. Accordingly, all concerned departments, agencies and instrumentalities of the national government, the various local government units, the private sector and the public at large are hereby enjoined to actively participate and support activities and programs for the celebration thereof. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed. DONE in the City of Manila, this 24th day of August, in the year of Our Lord, Two Thousand and Eleven. ANNEX A A PRAYER FOR TEACHERS Giver of All Wisdom and Greatest of all Teachers, Look upon our teachers with love Grant them the resolve To nurture our eager minds And to never give up on us who fall behind Bless their hearts For they rejoice when we succeed And encourage us when we fail Endow them with gentle patience For the path of learning is never easy Kindle a spirit of passion in them It is the flame that ignites the love of learning in us Help them see the potential in each student Their belief in us means much more than the grade we make Instill in them a commitment to keep on learning It shows us to not fear new knowledge and experiences Inspire them to touch the future They influence how big a dream we dream for ourselves Bless our teachers who have come before For their work endures to this day Let the light of Your example shine upon all teachers: To build up with their words To love with their mind To share with their heart Amen. PANALANGIN PARA SA MGA GURO Tagapagkaloob ng Lahat ng Kaalaman at Guro ng mga guro Bigyan po Ninyo ng pagkalinga ang aming mga guro Biyayaan Ninyo sila ng kahandaang Linangin ang aming murang isipan At huwag magsawa kapag 'di makahabol ang turuan Pagpalain nawa ang kanilang mga pusong Nagdiriwang sa tuwing kami'y nagwawagi, At nag-aalo sa tuwing kami'y nadadaig Pagkalooban Ninyo sila ng mahinahong pagtitiyaga Sapagkat ang landas ng kaalaman ay hindi madali Pagningasin Ninyo sa kanila ang maapoy na diwang Nagpapaliyab sa kagustuhan naming matuto Tulungan Ninyo silang makita ang galing sa bawat mag-aaral Wala sa marka ang halaga kundi sa pananalig nila Ikintal Ninyo sa kanila ang walang pagkauhaw sa karunungan At bagong kaalaman at karanasan ay 'di dapat katakutan Turuan po Ninyo silang masiglang abutin ang alapaap Kasinsigla at kasintayog ng sarili naming pangarap Pagpalain po Ninyo ang mga gurong nauna sa amin Ang nagawa nila ay napapakinabangan pa rin Tanglawan po ng Inyong mabuting halimbawa ang kaguruan Upang makapagtayo sila sa pamamagitan ng kanilang pangungusap Upang makapagmahal sila sa pamamagitan ng kanilang isipan Upang makapagbahagi sila sa pamamagitan ng kanilang puso Siya nawa