Election Ban on Appointments Under the 1987 Constitution
- Article VII, Section 15 prohibits the President from making appointments two months prior to the next presidential elections until the end of the term.
- Exceptions include temporary appointments necessary to prevent prejudice to public service or endangerment to public safety.
Election Ban Under the Omnibus Election Code
- Section 261(g) prohibits appointing new employees, creating new positions, promotions, or salary increases 45 days before a regular election and 30 days before a special election.
- Appointments during this period require prior authority from the Commission on Elections.
- Authority is granted only if the position is essential to office functioning and will not influence the election.
- Urgent appointments must be notified to the Commission within three days.
- Appointments violating these provisions are null and void.
Legal Definition of Appointment
- The Supreme Court, in Binamira vs. Garrucho, defines appointment as the selection by a vested authority of an individual to exercise the functions of a given office.
Appointment to CES Rank
- IRP mandates that the President appoint to CES ranks based on Board recommended ranked lists.
- Supreme Court rulings clarify that appointment to CES rank completes official membership and grants security of tenure but does not confer authority to exercise office functions.
Administrative Interpretation and Respect of CESB Rules
- Supreme Court decisions affirm that administrative agency interpretations, such as those by CESB, deserve great respect and weight.
Clarification on the Election Ban Coverage Concerning CES
- Appointment in legal terms means selection to exercise functions of an office.
- Appointment to a CES rank is not synonymous with appointment to a position as it completes a prior appointment without conferring new authority to exercise office functions.
- Within CES context, "appoint" means the action of bestowing a CES rank following fulfillment of all CESB requirements.
Adoption of Policies
- CESB officially adopts the distinctions clarified above concerning appointment and election ban coverage to avoid confusion.
This resolution forms part of the governance framework of the CES, ensuring compliance with constitutional and electoral legal provisions while safeguarding the career progression within the CES structure.