The Career Executive Service Board, pursuant to CESB Resolution No. 549 dated August 10, 2004 reiterates the policy of the Civil Service Commission on courtesy resignation outlined in CSC Resolution No. 011782 s. 2001 stated herein as follows:
"1. In its legal sense, resignation pertains to the act of giving up or the act of an employee by which he(she) declines his(her) office and renounces the further right to use it, and implies the conjunction of two requisites:
a. clear intent to relinquish or surrender one's position; and
b. concomitant act of relinquishment.
"2. 'Courtesy resignation' cannot properly be interpreted as resignation in the legal sense for it is not necessarily a reflection of an employee's intention to surrender his(her) position.
"3. The determination of whether an act of resignation partakes the nature of 'courtesy resignation' shall always take into consideration the factual circumstances obtaining in each case, carefully ascertaining whether the act of resignation is willingly and voluntarily made or otherwise compelled by the submission to the will of the political authority and the appointing power.
"4. The existence of force, coercion, duress, or undue influence shall give rise to the presumption that a 'courtesy resignation' has transpired.
"5. An official order or directive requiring the tender of 'courtesy resignation' shall be null and void on its face, creating neither right nor obligation.
"6. Relief from the effects or consequences of 'courtesy resignation' may be had from the Civil Service Commission, through its regional offices, by the filing of an appeal within fifteen (15) days from the time of submission thereof.
"7. A finding that a resignation was, in fact, a 'courtesy resignation' shall entitle the affected employee to reinstatement in the service, without loss of seniority rights, and the payment of back salaries and other benefits accruing to him/her from the time of his/her 'courtesy resignation' to his/her actual reinstatement."
This Circular shall take effect immediately.
September 17, 2004
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Attested by:
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