The Classification of General Counsel, General Accountant and Commission Secretary Positions in the Securities and Exchange Commission as CES Positions

August 14, 2012 CESB RESOLUTION NO. 1037-12 THE CLASSIFICATION OF GENERAL COUNSEL, GENERAL ACCOUNTANT AND COMMISSION SECRETARY POSITIONS IN THE SECURITIES AND EXCHANGE COMMISSION AS CES POSITIONS WHEREAS, Article IV Part II of the Integrated Reorganization Plan provides that the Board shall promulgate rules, standards and procedures on the selection, classification, compensation and career development of members of the Career Executive Service (CES); WHEREAS, CESB Resolution No. 799, s. 2009, defines the coverage of the CES, to wit: (a) the position is a career position; (b) the position is above Division Chief; and (c) the duties and responsibilities of the position require the performance of executive and managerial functions ; WHEREAS, CESB Resolution No. 945, s. 2011 , has clarified the coverage of the CES and has limited the coverage of positions belonging to the CES to positions requiring Presidential appointments in harmony with the ruling of the Supreme Court in the case of CSC vs. PCSO, G.R. No. 185766 and G.R. No. 185767 n ; WHEREAS, the Securities and Exchange Commission (SEC) was created by the enactment of Commonwealth Act No. 83 ("An act to regulate the sale of securities, to create a Securities and Exchange Commission to enforce the provisions of the same, and to appropriate funds therefor") on October 26, 1936, and later amended by PD 902-A (SEC Reorganization Act) ; PD 1653; PD 1758 and RA 8799 (Securities Regulation Act, 19 July 2000) ; EIDTAa WHEREAS, the SEC has requested the inclusion of its General Counsel, General Accountant and Commission Secretary in the SEC's Plantilla of Career Executive Service (CES) positions; WHEREAS, the SEC's Charter does not provide for the appointing authority of said positions; WHEREAS, Article 7, Section 16 of the 1987 Constitution, explicitly states that "the President 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. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards . . . . "; WHEREAS, Book 4, Chapter 10, Section 16 of the Administrative Code of 1987 further states that, "Directors and Assistant Directors of Bureaus, Regional and Assistant Regional Directors, Department Service Chiefs, and their Equivalents shall be appointed by the President in accordance with law, rules and regulations"; WHEREAS, the SEC's General Counsel, General Accountant and Commission Secretary were all appointed by the President; WHEREAS, a study on the functions of the positions of General Counsel, General Accountant and Commission Secretary shows that they are performing executive and managerial functions and are above division chief level and that there is no provision in the SEC's Charter and in the Appointment Order that shows the positions are termed. Hence, the positions have complied with the criteria set in CESB Resolution No. 945 that determines the coverage of the CES. NOW THEREFORE, foregoing premises considered, the Board RESOLVES, as it hereby RESOLVED, to include three (3) executive/managerial positions at the SEC as part of the CES, as follows: Position Title No. of SG Positions General Counsel 1 28 General Accountant 1 27 Commission Secretary 1 27 Total 3 == APPROVED this 14th day of August 2012 in Quezon City, Philippines. TaHIDS (SGD.) ANTONIO D. KALAW, JR. Chairperson (SGD.) FRANCISCO T. DUQUE III Vice Chairperson Absent PROCESO T. DOMINGO Member (SGD.) SUSAN M. SOLO Member (SGD.) ANGELITO M. TWAO Member (SGD.) SUSAN D. VARGAS Member Attested by: (SGD.) IMELDA B. GUANZON Board Secretary Footnotes n Note from the Publisher: Written as "PCSO vs. CSC, G.R. No. 185766 and G.R. No. 185767" in the original document.