Memorandum Circular No. 309




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ Memorandum Circular No. 309, December 26, 1969 ] ENJOINING THE HEADS OF GOVERNMENT OFFICES AND ENTITIES FROM PROPOSING THE EXTENSION IN THE SERVICE OF AN EMPLOYEE AFTER THE AGE OF 65 YEARS. This Office continually receives proposals for the extension in the service of employees beyond their 65th birthday anniversary, in accordance with the authority provided for under Commonwealth Act No. 186, as amended by Republic Act No. 4968, but often without much regard to the conditions attached thereto, notwithstanding Memorandum Circular No. 163, of this Office dated March 5, 1968. Apparently, proposals for extension are considered a normal routine. That it is not so is clear from the provisions of the law requiring special qualifications and a certification in writing by the department head concerned that the services are needed. For this reason many proposed extensions that do not meet the requirements prescribed by law and by the aforementioned Memorandum Circular No. 163 had to be disapproved by this Office. To complement the requirements of law, the following considerations should also be taken into account: (a) a strict policy on extension would afford ranking and deserving officials and employees of long-awaited opportunity for advancement; (b) extension will mean an increased burden on the finances of the government in the form of additional vacation and sick leave privileges, and additional retirement gratuity by virtue of the amendatory provisions of Republic Act No. 4968; and (c) compulsory retirement would redound to the personal well-being of the official or employee concerned. The heads of the various government offices and entities are therefore hereby enjoined from making such proposals unless absolutely necessary in the interest of the service and only in cases of officials and employees with special qualifications. In order to preclude the necessity of extension, it is desired that understudies and/or replacements be prepared early for those who are due for automatic and compulsory retirements, at least sixth months prior to the date thereof. It is hereby advised that the sanction in the last paragraph of Memorandum Circular No. 163 shall henceforth be strictly enforced.1âшphi1 By authority of the President: (SGD.) ERNESTO M. MACEDA Executive Secretary Manila, December 26, 1969 The Lawphil Project - Arellano Law Foundation