CESB Resolution No. 903

Republic of the Philippines

CAREER EXECUTIVE SERVICE BOARD

No. 3 Marcelino Street Holy Spirit drive, Diliman Quezon City 1127

Tel Nos. 951-4981 to 85 (Trunkline)/951-3306 (Fax)

Website:  www.cesboard.gov.ph

 

DECLASSIFICATION  OF  THE  CHIEF STATE PROSECUTOR (CSP), ASSISTANT CHIEF STATE PROSECUTOR (ACSP), REGIONAL STATE PROSECUTOR (RSP) AND ASSISTANT REGIONAL STATE PROSECUTOR (ARSP) OF THE NATIONAL PROSECUTION SERVICE (NPS), DEPARTMENT OF JUSTICE, AS CES POSITIONS 

x – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - — – - – - – - x

Resolution No. 903

WHEREAS, CESB Resolution No. 165 defines the Coverage of the Career Executive Service and provides the criteria for classifying executive or supervisory positions as CES positions;

WHEREAS, CESB Resolution No. 799 provides that, in addition to those expressly provided for by law, CES positions also cover all other managerial or executive positions above division chief level in the government;

WHEREAS, in consonance with its powers to identify positions of equivalent rank as CES positions, the Secretarial revisited its previous classification as part of the CES the positions of Chief State Prosecutor (CSP), Assistant Chief State Prosecutor (ACSP), Regional State Prosecutor (RSP) and Assistant Regional State Prosecutor (ARSP);

WHEREAS, Section 3 of Republic Act No. 10071, “An Act Strengthening and Rationalizing the National Prosecution Service”, promulgated on 8 April 2010, provides that: “There is hereby created and established a National Prosecution Service to be composed of the prosecution staff in the Office of the Secretary of Justice x x x which shall be primarily responsible for the preliminary investigation and prosecution of all cases involving violations of penal laws;”

WHEREAS, likewise as provided under Section 16 of the said Act, the prosecution staff of the NPS shall have the same qualifications for appointment, rank, salaries, allowances, and privileges and shall be subject to the same inhibitions and disqualifications similar to that of the members of the Judiciary;

WHEREAS, in the case of the Office of the Ombudsman vs. CSC, G.R. No. 159940, 16 February 2005, it has been declared that positions therein belong to the Closed Career Service, for being unique and highly technical as they involve investigatorial, quasi-judicial and prosecutorial functions, in much the same was as judges are involved in judicial functions;

WHEREAS, the function of the positions in the National Prosecution Service (NPS), have similarity to those positions in the Office of the Ombudsman;

NOW THEREFORE, foregoing premises considered, the Board RESOLVES, as it is hereby RESOLVED, to declassify in the Career Executive Service (CES), the Chief State Prosecutor (CSP), Assistant Chief State Prosecutor (ACSP), Regional State Prosecutor (RSP), and Assistant Regional State Prosecutor (ACSP) positions in the National Prosecution Service (NPS).

APPROVED this 26th day of October 2010 in Quezon City, Philippines.

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2 Comments to “CESB Resolution No. 903”

  1. what do you think will be the legal implications of the declassification of the above-mentioned positions by virtue of CESB Resolution No. 903? thanks

    • hi! what kind of legal implications? like this one versus the memorandum order of the president that all non-cesos occupying ceso positions be vacated?

      i’m actually happy with this resolution of the cesb. prosecutors hold a very specialized training which their counterparts in other government agencies do not even compare, so i think it’s unfair, unjsut and illogical to view them as co-equals with the other executives in the government and subject them to further standards. for one, they had to pass the bar exam. then, their qualifications are the same as the judiciary. while the ceso qualifying process is also rigid, i strongly believe it is not commensurate with the specialty and abilities of the government prosecutors.

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