Granting Career Service Officer Rank to Lawyers in the Government Executive Service, and Other Purposes

May 28, 2010

EXECUTIVE ORDER NO. 883

GRANTING CAREER SERVICE OFFICER RANK TO LAWYERS IN THE GOVERNMENT EXECUTIVE SERVICE, AND OTHER PURPOSES

WHEREAS, Presidential Decree (PD) No. 1 provides that members of the Career Executive Service (CES) shall be classified according to rank based on broad levels of responsibility, personal qualifications and demonstrated competence; ESHcTD

WHEREAS, Section 7, Chapter 2, Subtitle A, Title I, Book V of the Administrative Code provides that positions in the CES are characterized by entrance based on merit and fitness determined by competitive examination or based on highly technical qualifications;

WHEREAS, the law profession is a specialized and highly technical field, the practice of which requires the completion of all prescribed courses in a four (4) year graduate law program at a law school or university officially approved and recognized by the Secretary of Education, as well as successfully passing the bar examinations conducted by the Supreme Court;

WHEREAS, Republic Act (RA) No. 1080 recognizes the bar examinations as civil service examinations for purposes of appointment in the classified service, without distinction as to whether the degree programs relative thereto are undergraduate or graduate in nature;

WHEREAS, EO 400 series of 1997 and EO 696 series of 1981, as amended by EO 771 series of 1982, grant CES Officer (CESO) rank to government personnel who successfully complete certain graduate programs, such as Masters in Public Safety Administration (MPSA) and Masters in National Security Administration (MNSA);

WHEREAS, government personnel who obtained graduate degrees in law and successfully passed the bar examinations, particularly those occupying legal positions in the executive service, equally deserve the grant of CESO rank or similar benefits;

WHEREAS, Section 8, Chapter 2, Subtitle A, Title I, Book V of the Administrative Code provides that entrance to the CES shall be prescribed by the Career Executive Service Board (CESB), an agency created under the Integrated Reorganization Plan of the Executive Branch;

WHEREAS, under Article VII of the Constitution, executive power shall be vested in the President who shall be control and supervision of all executive departments, bureaus, and offices.

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Grant of Rank. — Offices and employees occupying legal positions in the government executive service who have obtained graduate degrees in law and successfully passed the bar examinations attendant thereto, shall initially be granted the rank of CESO III or higher, with the corresponding salary grade and other privileges in the Career Executive Service.

SECTION 2. Determination of Rank Level. — The appropriate level of the CESO rank granted to the government officer or employee under Section 1 hereof shall be determined upon the recommendation of the Department or Agency Head concerned and the evaluation of the Career Executive Service Board (CESB). In the determination thereof, due consideration shall be given to (a) the position of the officer or employee in government, (b) academic honors and distinctions received, and (c) bar or board examination rating. DcTAIH

SECTION 3. Non-Prescription; Construction. — The CESO rank granted under the provisions of this Order shall vest upon the government officer or employee's compliance with the requirements of Section 1 hereof, and shall not prescribe. Nothing in this Order shall be construed to defeat the security of tenure and other privileges/entitlements of government officers and employees as provided under existing laws, orders, rules and regulations.

SECTION 4. Repealing Clause. — All executive orders, administrative orders, proclamations, rules and regulations or parts thereof that are in conflict with this Executive Order are hereby repealed or modified accordingly.

DONE in the City of Manila, this 28th day of May, in the year of Our Lord, Two Thousand and Ten.