Rules and Procedures on the Revocation and/or Demotion in Rank of a CESO Found Guilty of an Administrative Offense

October 7, 2009

CESB RESOLUTION NO. 820-09

RULES AND PROCEDURES ON THE REVOCATION AND/OR DEMOTION IN RANK OF A CESO FOUND GUILTY OF AN ADMINISTRATIVE OFFENSE

WHEREAS, Article IV, Part III of the Integrated Reorganization Plan (IRP), as implemented by Presidential Decree No. 1, as amended, dated September 24, 1972 created the Career Executive Service Board (CESB) to serve as the governing body of the Career Executive Service (CES) and is mandated by law to promulgate rules, standards and procedures on selection, classification, compensation and career development of members of the CES; cADEHI

WHEREAS, item 5 (b) of the same law provides that "Members of the Career Executive Service shall be classified according to rank based on broad levels of responsibility and on personal qualifications and on demonstrated competence. . . . . The number and classification of ranks in the service shall be recommended by the Board and reviewed and approved by the President";

WHEREAS, item 5 (c) of the same law further provides that "(a)ppointment to appropriate classes in the Career Executive Service shall be made by the President from a list of career executive eligibles recommended by the Board. Such appointments shall be made on the basis of rank";

WHEREAS, CESB Resolution No. 798 s. 2009 dated May 5, 2009 otherwise known as the "Revised Rules and Procedures on Original and Promotional Appointment to Career Executive Service (CES) Ranks" provides that original appointment to a CES rank shall be made by the President from a list of CES eligibles recommended by the Board while promotional appointment of a CESO to a higher CES rank shall be made by the President upon recommendation of the Board;

WHEREAS, based on the general principle of law which states that the power to confer includes by implication, the power to revoke, the power of the President to confer CES rank necessarily includes the corollary power to revoke, withdraw or cancel the same;

WHEREAS, the Board, which by law recommends to the President the appointment of a CESO to a rank, has the corresponding authority to recommend for the demotion or revocation of a rank of a CESO;

WHEREAS, the Board, in its September 10, 2009 meeting, decided to adopt rules and procedures on the revocation and/or demotion in rank of a CESO found guilty of an administrative offense;

WHEREAS, the revocation and/or demotion in CESO rank may only be had after a finding of guilt, after due process, in any administrative proceeding, against a CESO; AacCHD

WHEREFORE, the abovementioned premises considered, the Board RESOLVES, as it is hereby RESOLVED, to adopt the following rules and procedures on the revocation and/or demotion in rank of a CESO found guilty of an administrative offense imposed by the court or quasi-judicial body in an administrative disciplinary case, which has become final and executory:

1. Receipt of the Decision Rendered. Upon receipt of a decision against a CESO in an administrative disciplinary case finding him/her guilty of an administrative offense, the CESB Secretariat shall officially verify with the court or quasi-judicial body which rendered the decision, the actual existence of the said case and whether the same has become final and executory.

2. Revocation or Demotion Proceedings. After verification of the finality of the said decision, the CESB Secretariat shall, within sixty (60) days thereof, proceed in accordance with the following procedures:

a. Officially inform the CESO concerned that a finding of guilt in an administrative disciplinary case, which has become final and executory, has been rendered against him/her by a judicial or quasi-judicial body and for him/her to explain within fifteen (15) days from receipt thereof why his/her rank should not be revoked or demoted, as the case may be.

b. The said CESO shall submit his/her answer in writing and under oath. It shall contain relevant facts and applicable laws, if any, including documentary evidence, sworn statements covering testimonies of witnesses, if there be any, in support of his/her case.

In case the CESO fails or refuses to answer the communication sent to him or her within fifteen (15) days from receipt thereof, he/she shall be considered to have waived his/her right and the proceedings shall commence.

c. On the basis of the answer submitted by the CESO concerned, the CESB Secretariat shall consider the case submitted for resolution.

d. If, after the filing of the answer and the supporting pieces of evidence, if any, there are facts material to the case which the CESB Secretariat may need to be clarified on, it may conduct a clarificatory hearing during which the CESO shall be afforded the opportunity to be present but without the right to examine or cross examine the witness being questioned. Where the appearance of a CESO or the witnesses is impracticable, the clarificatory questioning may be conducted in writing, whereby the questions desired to be asked by the CESB Secretariat shall be reduced in writing and served on the CESO or witness concerned who shall be required to answer the same in writing and under oath.

e. If there is no necessity for further proceedings on the basis of the clarificatory conference conducted, the CESB Secretariat shall declare the case submitted for resolution.

5. n  Report of Investigation. Within thirty (30) days after the conclusion of the revocation or demotion proceedings, a Report of Investigation containing a narration of the material facts established during the investigation, the findings and the evidence supporting said findings, as well as the recommendations, shall be submitted by the CESB Secretariat to the Board. The complete records of the case shall be likewise attached to the Report of Investigation. EAaHTI

The complete records shall be systematically and chronologically arranged, paged, and securely bound to prevent loss. A table of contents shall be prepared. The person in-charge of the transmittal of the complete records of the case shall be held responsible for any loss or suppression of pages thereof.

6. Rendition of Decision. Within sixty (60) days from receipt of the Report of Investigation, the Board shall deliberate on the findings of the CESB Secretariat. In case the recommendation of the CESB Secretariat is to revoke or demote the rank of the CESO, as the case may be, and the same is affirmed by the Board, the latter shall issue a corresponding resolution to such effect. Otherwise, the Board shall issue a Resolution dismissing the case.

7. Penalties Imposed. The following penalties may be imposed to a CESO who has been found guilty by final judgment of an administrative offense, as follows:

a. Revocation of rank — when a CESO has been dismissed from government service with an accessory penalty of cancellation of CES eligibility rendered by a court or quasi-judicial-body where the decision has become final and executory.

b. Two (2) ranks demotion — when a CESO has been suspended from government service for a period ranging from six (6) months and one (1) day to one (1) year by a court or quasi-judicial-body where the decision has become final and executory.

c. One (1) rank demotion — when a CESO has been suspended from government service for a period ranging from one (1) month and one (1) day to six (6) months by a court or quasi-judicial-body where the decision has become final and executory.

d. Reprimand — when a CESO has been suspended from government service for a period ranging from one (1) day to one (1) month or reprimanded by a court or quasi-judicial-body where the decision has become final and executory.

8. Recommendation to Revoke or Demote the CES Rank. The resolution and the complete records of the case shall be transmitted by the Board to the Office of the President within thirty (30) days from issuance thereof.

9. Authority to Revoke or Demote a CES Rank. The authority to revoke or demote the rank, as the case may be, of a CESO is vested upon the President of the Philippines based upon the recommendation of the Board. ICcDaA

10. Revocation or Demotion of a CES Rank. Upon receipt of the Office of the President's decision revoking or demoting the rank of the CESO concerned, the name of the CESO, in case of revocation, shall be stricken off by the Board from the Roster of CESOs and shall be transferred to the Roster of Persons with Revoked CESO ranks, or in case of demotion, the Board shall issue a notice to the said CESO reflecting his/her demoted rank.

11. Notice of Revocation or Demotion of a CES Rank. Within fifteen (15) days after the notice has been issued by the President, the Board shall duly notify the official concerned of the decision for revocation or demotion in rank, as the case may be. His/her new employer-agency shall likewise be informed of the said decision.

12. Effect of Revoked or Demoted CES Rank. An Official whose rank has been revoked by the President shall cease to be entitled to the rights and privileges accorded by existing law or rules and regulations to a CESO, including the right to security of tenure.

A CESO whose rank has been demoted shall accordingly receive the salary attached to his/her new demoted rank or the salary of the position he/she occupies, whichever is higher.

13. Separability Clause. If any provision or part of the Resolution is declared invalid or unconstitutional by a competent authority, the remaining provisions shall be given full force and effect as if the part held invalid had not been included therein.

14. Repealing Clause. Rules and regulations and other issuances or parts thereof, which are inconsistent with the provisions of this Resolution, is hereby repealed or modified accordingly.

15. Effectivity Clause. This Resolution shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

RESOLVED FURTHER, that all departments, and agencies of the national government including government-owned or controlled corporations with original charters covered by the CES are required to furnish the Board administrative decisions of CESOs and CES eligibles found guilty of administrative offenses imposed by the court or quasi-judicial body in administrative disciplinary cases, which has become final and executory.  

RESOLVED FURTHERMORE, that copies of this Resolution be furnished the Office of the President.

APPROVED this 7th day of October, 2009 in Pasay City, Philippines.

(SGD.) BERNARDO P. ABESAMISChairperson

(SGD.) MARIA PAZ W. FORONDAVice Chairperson

(SGD.) ELMOR D. JURIDICOMember

RICARDO L. SALUDOMember

(SGD.) ROLANDO L. METINMember

(SGD.) JAIRUS D. PAGUNTALANMember

(SGD.) SUSAN M. SOLOMember

(SGD.) ANTONIO D. KALAWMember

Attested By:

(SGD.) GLENN NIÑO M. SARTILLOBoard Secretary

n Note from the Publisher: Copied verbatim from the official copy. Missing Paragraphs 3 and 4.