WHAT IS THE EFFECT OF MC 1?
Memorandum Circular No. 1 --
- Declares all COTERMINOUS presidential appointees as SEPARATED from the service as of noon of June 30, 2010;
- Considers all non-CESOs occupying CES positions in all agencies of the executive branch to be on HOLD OVER capacity until July 31, 2010 or until their resignations have been accepted and/or until their respective replacements have been appointed and have qualified, whichever comes first;
- Extends the contracts expiring on June 30, 2010 involving contractual and/or casual employees until July 31, 2010;
- Orders the just compensation for services rendered of the officials/employees mentioned in MC 1; and
- Directs the orderly and complete turn-over of records, documents, books, equipment and other properties of their respective offices.
WHAT IS A COTERMINOUS APPOINTMENT?
A coterminous appointment is one issued to a person whose entrance and continuity in the service is based on the trust and confidence of the appointing authority or co-existent with the tenure of the appointing authority. There are four kinds of co-terminus appointments: (a) coterminous with the appointing authority, (b) coterminous with the project, (c) coterminous with the incumbent and (d) coterminous with specific period.
Coterminous presidential appointees are those whose appointments which co-exist with the tenure of the President.
ARE THIRD LEVEL ELIGIBLES (CESES AND CSEES) COVERED BY MC 1?
YES, being non-CESOs.
Only full-fledged Career Executive Service Officers (CESOs) are entitled to security of tenure and are protected, per Supreme Court ruling in CSC vs. Amores, G.R. 1700093, April 29, 2009.
ARE OFFICIALS WITH FIXED-TERM APPOINTMENTS MADE BY THE PREVIOUS PRESIDENT AFFECTED BY MC 1?
NO, they are governed by the term specified in their appointment.
WHAT POSITIONS ARE CONSIDERED AS CES POSITIONS?
CES positions refer to those career positions performing managerial/executive functions above division chief level. These include Undersecretaries, Assistant Secretaries, Regional and Bureau Directors, Assistant Regional and Bureau Directors, Service Chiefs, Provincial Directors and Assistant Provincial Directors and other positions of equivalent rank as may be classified by the CESB.
IS A CESO WHO HAS A COTERMINOUS PRESIDENTIAL APPOINTMENT AFFECTED BY MC 1?
YES, they are affected by MC 1.
ARE INCUMBENTS WITH AN APPOINTMENT IN AN ACTING CAPACITY AFFECTED BY MC 1?
YES, an incumbent in an acting capacity takes the nature of a temporary appointment and may be replaced anytime.
ARE INCUMBENTS WITH CEO RANKS AFFECTED BY MC 1?
YES, because they are not considered CESOs.
Only full-fledged Career Executive Service Officers (CESOs) are entitled to security of tenure and are protected, per Supreme Court ruling in CSC vs. Amores, G.R. 1700093, April 29, 2009.
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