Memorandum Circular No. 105




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ Memorandum Circular No. 105, March 10, 1967 ] ENJOINING STRICT COMPLIANCE WITH THE PROVISIONS OF LAW AGAINST THE CONTINUANCE IN THE SERVICE OF THOSE WHO HAVE REACHED THE AGE OF AUTOMATIC AND COMPULSORY RETIREMENT. This Office has observe that, notwithstanding the mandatory prevision in Section 12(e) of C.A. No. 186, as amended, on automatic compulsory retirement, some officials and groups of employees still make representations for the continuance in the service of those who, under the said law, shall have to be retired upon reaching the age of 65 years; while some officials, despite their having reached the automatic and compulsory retirement age, are wont to overstay in the service simply because a petition for their extension has been submitted to this Office. It should be emphasized that the power given by Republic Act No. 660, as amended by Republic Act No. 728, to the President of the Philippines, the President of the Senate, the Speaker of the House of the Representatives and the Chief Justice of the Supreme Court, to continue in the service beyond the age of 65 years that employees under their respective jurisdictions who are subject to automatic and compulsory retirement, ceased to exist upon the approval on June 17, 1961, of Republic Act No. 3096 which further amended the retirement law. The President therefor, in so far as the Executive Branch of the Government is concerned, no longer has such power. In order to avoid unnecessary waste of time and effort on the part of all concerned, it is hereby directed that government officials and employees, or groups of employees, refrain from submitting to this Office requests for the extension in the service of those who have become due for automatic and compulsory retirement. In this connection, the attention of all heads of departments, bureaus and offices of the Government, including government-owned or controlled corporations, is invited to the provision of the retirement law which makes it “the duty of the employer concerned to notify each such employee under its direction of the date of his automatic separation from the service at least sixty days in advance thereof.” Officials and employees themselves who may become subject to automatic and compulsory retirement are also hereby enjoined to cease holding office immediately thereafter. For the sake of clarity, government officials and employees holding permanent appointments become subject to automatic and compulsory retirement upon reaching the of 65 years if they have rendered at least 15 years if the service, the last three years of which are continuous, If they have less than 15 years of service or, if with 15 years or more of service but the last three years thereof are not continuous, they shall continue in the service until they meet these service requirements without need of express authority therefor. With respect to scientists and researchers concerned by the provisions of Section 26-a of Republic Act No. 3589, amending Republic Act No. 2067, otherwise known as the Science Act of 1958, who meet the requirements mentioned in the next preceding paragraph, said scientists and researchers may be continued in the service only upon express prior authority of this Office. Without such prior authority, their services shall be considered terminated upon reaching the age of 65 years. The Auditor General is hereby requested not to allow the payment of the salaries, or honor the signatures, of these who overstay in office contrary to the intendment of the retirement law.1âшphi1 By authority of the President: (SGD.) RAFAEL M. SALAS Executive Secretary Manila, March 10, 1967 The Lawphil Project - Arellano Law Foundation