Question & AnswerQ&A (CSC MEMORANDUM CIRCULAR NO. 18)
A Career Executive Service Officer with eligibility and appointment to a rank is considered a permanent employee of the government and is guaranteed security of tenure.
No, Career Executive Service Officers shall not be required to tender courtesy resignations to any new administration in the executive department or any government agency.
The Supreme Court case Ortiz vs. COMELEC, OR. No. 78957, June 28, 1988, supports that courtesy resignation cannot be interpreted as a legal resignation.
Resignation is defined as the act of an officer by which he declines his office and renounces the further right to use it.
No, a courtesy resignation cannot properly be interpreted as resignation in the legal sense because it does not necessarily reflect the official's intention to surrender the position.
CESOs may only be separated for cause and after due process or by voluntary resignation.
The purpose is to ensure stability and continuity in government operations and to protect the security of tenure of Career Executive Service Officers.
It means that CESOs cannot be removed from their position without just cause and due process.
No, it specifically applies to incumbent Career Executive Service Officers with eligibility and rank appointment.