WHEREAS, Article IV, Part III of the Integrated Reorganization Plan, as approved by Presidential Decree No. 1, as amended dated September 24, 1972 created the Career Executive Service Board (CESB) to serve as the governing body of the Career Executive Service (CES) and is mandated by law to promulgate rules, standards, and procedures on selection, classification, compensation and career development of members of the CES;

WHEREAS, the Supreme Court in the case of Ortiz vs. COMELEC (G.R. No. 78957, June 28, 1988) ruled that "a courtesy resignation cannot properly be interpreted as resignation in the legal sense for it is not necessarily a reflection of a public official's intention to surrender his position;"

WHEREAS, CSC Resolution No. 011782 s. 2001 dated November 12, 2001 states, among others, that "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;

WHEREAS, the Board received reports that numerous CESOs and CES Eligibles had been allegedly asked by their Department Secretaries to submit courtesy resignations;

WHEREAS, the Board, in its July 13, 2004 meeting, recognized the need to bring to the attention of the appropriate department or agency this policy on courtesy resignation so as not to undermine permanent appointees to career positions in the bureaucracy;

NOW THEREFORE, foregoing premises considered, the Board RESOLVES, as it is hereby RESOLVED to reiterate 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 declines his 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 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."

RESOLVE FURTHER, that these policy guidelines shall be disseminated for the information and guidance of all officials in the CES.

APPROVED, this 10^th day of August 2004 in Quezon City, Philippines.

Attested by:


BETTINA MARGARITA S. LAYUGAN
Acting Board Secretary