Memorandum Circular No. 895




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ Memorandum Circular No. 895, March 1, 1976 ] REITERATING STRICT OBSERVANCE OF THE POLICY AGAINST RETROACTIVE APPOINTMENTS. Section 256 of the Revised Administrative Code, provides that ” x x x aside from, exceptional cases, approved as such by the proper Head of Department, an appointment or promotion shall not be effective as of a date prior to that upon which the appointment or promotion is actually made x x x . ” This provision is embodied in Memorandum Circular No. 328 dated March 9, 1970, amending Memorandum Circular No. 319 dated February 19, 1970, which prohibits the filling of vacant positions in line with the policy on fiscal restraint. In spite, however, of the above prohibition regarding retroactive appointments, an alarmingly increasing number of requests for exemption from Memorandum Circular No. 328, series of 1970, has been received in this Office. These requests for change of effectivity of appointments involve additional government expense and thus negatethe objectives behind the promulgation of retrenchment measures in government operations. In view of the continuing retrenchment policy of the government, all heads of Departments, Bureaus and offices, including government-owned or controlled corporations, are hereby advised that, henceforth, no request to change the effectivity of appointments shall be entertained by this Office except under extraordinary circumstances and accompanied by strong evidence.1aшphi1 This Circular takes effect immediately. By authority of the President: (SGD.) JUAN C. TUVERA Presidential Assistant Manila, March 1, 1976 The Lawphil Project - Arellano Law Foundation