Question & AnswerQ&A (CESB Resolution NO. 870)
The election ban prohibits the President or Acting President from making appointments two months immediately before the next Presidential elections and up to the end of his term, except for temporary appointments to executive positions when continued vacancies will prejudice public service or endanger public safety.
Temporary appointments can be made if continued vacancies in executive positions will prejudice public service or endanger public safety.
During 45 days before a regular election and 30 days before a special election, appointing any new employees, creating new positions, promotions, or giving salary increases without prior Commission authority is prohibited.
The Commission must be satisfied that the position to be filled is essential to the proper functioning of the office concerned, and that the position will not be filled in a manner that may influence the election.
Appointment is the selection, by the authority vested with the power, of an individual who is to exercise the functions of a given office.
The President has the authority to make appointments to CES ranks from a list of career executive eligibles recommended by the Career Executive Service Board (CESB).
No, an appointment to a CES rank is not considered an appointment to a position legally because it merely completes a previous appointment and does not confer authority to exercise the functions of an office.
In the CES context, 'appoint' means a step in the bestowal of a CES rank, to which one is entitled after fulfilling all CESB requirements.
Any appointment or hiring in violation of this provision shall be null and void and is considered an election offense.
The Court ruled that appointment to rank made by the President completes an official's membership in the CES and grants security of tenure in the CES.
The CESB governs the CES and is mandated to promulgate rules, standards, and procedures on selection, classification, compensation, and career development of CES members, including recommending eligibles for appointment by the President.
New employees may be appointed in case of urgent need, but notice of the appointment must be given to the Commission within three days from the date of appointment.
The case of PEZA Board of Directors and Lilia B. De Lima vs. Gloria J. Mercado, G.R. No. 172144.