CSC Cautions Officials vs Practice of Demanding Courtesy Resignation

Article excerpt

DAVAO CITY (PNA) The Civil Service Commission (CSC) has cautioned incoming elected officials from demanding courtesy resignation especially from officials and employees belonging to the career service.

"Strictly speaking, there is no such thing as courtesy resignation," CSC chair Karina Constantino-David stressed, saying that courtesy resignation cannot properly be interpreted as resignation in the legal sense for it is not necessarily a reflection of employees intention to surrender their position.

In a directive, the CSC has defined resignation in the legal sense as "pertaining 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."

Resignation, David said, implies two requisites: clear intent to relinquish or surrender ones position and concomitant act of relinquishment.

Experience has the Commission handling numerous complaints involving illegal termination relating to courtesy resignation after the conduct of every election particularly in local government units.

The CSC chief calls on incoming elected officials to refrain from this move of asking for or demanding courtesy resignation as such move might bring about widespread demoralization among the ranks. This inimical practice, she said, would also adversely affect the efficiency and effectiveness of government personnel.

David further stressed that such practice is "anathema to the constitutional guaranty of security of tenure" in the civil service as she cited a landmark case wherein the Supreme Court itself has unequivocally struck down courtesy resignation as this does not constitute resignation in the legal sense. …