Law Summary
Prohibition Against Courtesy Resignation Requirement
- CESOs shall not be mandated to tender courtesy resignations upon the assumption of a new administration in the executive branch or government agencies.
- This policy aligns with the Supreme Court ruling in Ortiz vs. COMELEC, which clarifies that courtesy resignations do not constitute legally binding resignations.
- Courtesy resignation signifies a gesture, not an actual relinquishment of office or rights.
Grounds and Procedures for Separation from Service
- CESOs may only be separated from their positions for valid cause.
- Separation must be preceded by due process, ensuring fair administrative or legal procedures.
- Alternatively, separation can occur through voluntary resignation initiated by the CESO.
Legal and Administrative Foundations
- The policy derives authority from the CSC Resolution No. 92-646 dated May 7, 1992.
- The doctrine cited from Ortiz vs. COMELEC underscores the nature of resignation and the invalidity of treating courtesy resignations as true resignations.
Purpose and Policy Rationale
- The regulation aims to promote stability and continuity within government operations.
- It seeks to protect the rights of career executives against politically motivated removals.
- Ensures professionalism and meritocracy in the executive service by preserving permanent appointments.