627 Phil. 13
CARPIO MORALES, J.:
SECTION 3. As a general rule, the salaries of Career Executive Service Officers shall start at Grade 2 of the corresponding rank in this Compensation Scheme and those of incumbents of and new appointees to Career Executive Service positions who are not Career Executive Service Officers shall start at Grade 1 of the corresponding rank: Provided, That in the case of said incumbents who are not members of the Career Executive Service, subsequent salary increases and/or rank promotions may be granted only after satisfactory completion of the Career Executive Service Development Program and compliance with such requirements as the Board shall set: Provided, further, That nothing herein stated shall reduce any salary received by any incumbent of any Career Executive Service position as a consequence of the implementation of the herein Compensation Scheme, except that the salary of his successor shall be in conformity with this Scheme. (emphasis and underscoring supplied)
SECTION 1. The ranking structure and salary schedule in the Career Executive Service (CES) are hereby modified to read as follows:
CES Rank Salary Grade CESO I SG 30 CESO II SG 29 CESO III SG 28 CESO IV SG 27 CESO V SG 26 CESO VI SG 25
SECTION 2. The Career Executive Service Board shall establish the mechanics for the classification of members of the CES in accordance with the above ranking structure and shall issue the corresponding rules and regulations.
SECTION 3. All issuances, rules and regulations or parts thereof inconsistent with the provisions of this Memorandum Order are hereby repealed. (underscoring supplied)
x x x Career Executive Service Officers (CESOs), who were already receiving at least the second step of the salary grades of their ranks due to merit or longevity prior to the issuance of CSC Resolution No. 5840, otherwise known as "Rules on Compensation in the CES including those of Graduates of NDCP and CESDP", are entitled to a one-step adjustment as provided for in the Paragraph 3.1.4 of subject Resolution, the spirit of which is to set apart the CESOs and non-CESOs;
x x x [E]ntitlement is made retroactive to November 1994, the effectivity date of Resolution No. 5840.[2] (emphasis and underscoring supplied)
x x x [A] CESO whose salary at the time of the issuance of CSC Resolution No. 94-5840 is already on the second or higher step of the salary grade of his rank by virtue of step increments earlier granted based either on merit or length of service, shall be entitled to a one-step adjustment in the salary grade of his rank effective 26 November 1994; provided that where the rank of a CESO has a salary grade lower than that of the CES position to which he is assigned/appointed to, the one-step salary adjustment shall be based on the salary grade of the higher position; provided, finally, that where the salary of the CESO is already at the eighth step of the salary grade of his rank or position, this one-step entitlement shall no longer apply;
This benefit shall likewise apply to those appointed to the CES ranks after the issuance of the said CSC resolution who are already receiving the second or higher step of the salary grades of their ranks subject to the conditions set forth herein;
Career Executive Service Officers (CESOs) are officials who have CES eligibility and have been duly appointed by the president to ranks in the CES;
This Circular shall take effect immediately.[3] (italics and underscoring supplied)
x x x I, Gloria Macapagal-Arroyo, President of the Republic of the Philippines xxx do hereby order and direct all heads of GOCCs, GFIs and subsidiaries exempt from or not following the SSL to
SECTION 1. Immediately suspend the grant of any salary increases and new or increased benefits such as, but not limited to, allowances; incentives; reimbursement of expenses; intelligence, confidential or discretionary funds; extraordinary expenses, and such other benefits not in accordance with those granted under SSL. This suspension shall cover senior officer level positions, including Members of the Board of Directors or Trustees.
x x x x
SECTION 3. Any increase in salary or compensation of GOCCs/GFIs that are not in accordance with the SSL shall be subject to the approval of the President. (emphasis and underscoring supplied)
The CES Charter under Presidential Decree No. 1 provides the grant of attractive and better compensation and benefits to CESOs to reward and motivate them in their pursuit of personal and career excellence. Along this line, CSC Resolution No. 94-5840 provides higher salary through an automatic step adjustment as reward and to set them apart from other government executives through pay.
x x x x
. . . [T]he CES pay under CSC Resolution No. 94-5840 is based on SSL. The S[alary] G[rade] equivalence for each CESO rank and the automatic 2nd step adjustment are all based on the salary schedule and position classification and compensation system prescribed under SSL. Since SSS is exempt from the SSL, we believe that CSC Resolution No. 94-5840 does not apply to SSS and other SSL-exempt agencies, but only to agencies following the SSL.[6] (emphasis, italics and underscoring supplied)
Sec. 3. Filing. - (1) Every agency shall file with the University of the Philippines Law Center three (3) certified copies of every rule adopted by it. Rules in force on the date of effectivity of this Code which are not filed within three (3) months from that date shall not thereafter be the basis of sanction against any party or persons.
x x x x
Sec. 4. Effectivity. - In addition to other rule-making requirements provided by law not inconsistent with this Book, each rule shall become effective fifteen (15) days from the date of filing as above provided unless a different date is fixed by law, or specified in the rule in cases of imminent danger to public health, safety and welfare, the existence of which must be expressed in a statement accompanying the rule. The agency shall take appropriate measures to make emergency rules known to persons who may be affected by them. (underscoring supplied)
(c) The Commission, upon the recommendation of the SSS President, shall appoint an actuary, and such other personnel as may be deemed necessary, fix their reasonable compensation, allowances and other benefits, prescribe their duties and establish such methods and procedures as may be necessary to insure the efficient, honest and economical administration of the provisions and purposes of this Act: Provided, however, That the personnel of the SSS below the rank of Vice-President shall be appointed by the SSS President: Provided, further, That the personnel appointed by the SSS President, except those below the rank of assistant manager, shall be subject to confirmation by the Commission: Provided, further, That the personnel of the SSS shall be selected only from civil service eligibles and be subject to civil service rules and regulations: Provided, finally, That the SSS shall be exempt from the provisions of Republic Act No. 6758 and Republic Act No. 7430.[5] Vide rollo, pp. 199-201.