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Executive Orders

An Executive Order Revoking Executive Order N0. 883 Dated 28 May 2010

Executive Order No. 3

MALACAÑAN PALACE
MANILA

EXECUTIVE ORDER NO. 3

AN EXECUTIVE ORDER REVOKING EXECUTIVE ORDER NO. 883 DATED 28 May 2010

WHEREAS, Section (2) article IX-B of the 1987 Constitution states that "appointments in the civil service shall be made only according to merit and fitness to be determined, as far as practicable, and, except to positions which are policy-determining, primarily confidential, or highly technical, by competitive examination."

WHEREAS, under article IV, Chapter I, Part III of the Integrated Reorganizational Plan under P.D. No. 1, the exclusive power to "promulgate rules, standards and procedures on the selection, classification, compensation and career development of members of the Career Executive service (CES)" is vested with the Career Executive Service Board (CESB);

WHEREAS, under section 8, Chapter II, book V of EO 292 or the Administrative Code of 1987, "entrance to the third level (Career Executive Service) shall be prescribed by the CESB";

WHEREAS, Executive Order No. 883 dated 28 May 2010 automatically vests lawyers "occupying legal positions in the government executive service who have obtained graduate...

Revocation of Executive Order No. 883

- Section 1 revokes Executive Order No. 883 dated May 28, 2010, which automatically vested lawyers occupying legal positions in the government executive service with the rank of CESO III in the Career Executive Service (CES).
- The revocation is based on the following grounds:
    - EO 883 encroaches upon the power of the Career Executive Service Board (CESB) to "promulgate rules, standards and procedures on the selection, classification, compensation and career development of members of the Career Executive service (CES)" as vested by law. (Basis: Article IV, Chapter I, Part III of the Integrated Reorganizational Plan under P.D. No. 1 and Section 8, Chapter II, Book V of EO 292)
    - EO 883 amounts to a repeal or amendment of the provisions of P.D. 1 and E.O. 292, which were issued when the President had legislative powers, hence illegal and void.

Repealing Clause
- Section 2 repeals all executive orders, administrative orders, proclamations, rules and regulations or parts thereof that are in conflict with this Executive Order.

Effectivity
- Section 3 states that this Executive Order shall take effect immediately.

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