Memorandum Circular No. 106




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ Memorandum Circular No. 106, December 29, 1989 ] CLARIFYING THE PROVISIONS OF EXECUTIVE ORDER (EO) NO. 1077, SERIES OF 1986, AS IMPLEMENTED BY MEMORANDUM CIRCULAR (MC) NO. 54, SERIES OF 1988 By special law, members of the judiciary are entitled to accumulate and commute, without limit, unused vacation and sick leaves, a privilege not heretofore accorded to other government officers and employees. To remove the disparity in the leave privileges existing among government personnel, EO 1077, dated January 9, 1986, was issued, providing that any officer or employee of the government who retires or voluntarily resigns or is separated from the service through no fault of his own and whose leave benefits are not covered by special law, shall be entitled to the commutation of all the accumulated vacation and/or sick leaves to his credit, exclusive of Saturdays, Sundays, and holidays, without limitation as to the number of days of vacation and sick leaves that he may accumulate. As clarified in MC No. 54-, dated March 24, 1983, the commutation of leave credits without limit shall obtain regardless of the period when the credits were earned, provided that the leave privileges under EC 1077 may be availed only by officers/employees still in the service as of the effectivity thereof on January 9, 1986. Republic Act 708, as amended, provides that, for commutation purposes, officers and employees in the foreign service are entitled to accumulate leaves not in excess of 360 days. In this connection, the Civil Service Commission in a 3rd Indorsement of March 29, 1989, observed that EC 1077 predicated the use of the term “special law” as referring only to members of tne judiciary and that there is no reason why such unlimited accumulation and commutation of leave benefits prescribed under EO 1077 cannot be availed of by Foreign Service personnel. In view thereof and consistent with the intent and spirit of EO 1077, it is hereby clarified that the provisions thereof, equally apply to officers and employees in the foreign service.1aшphi1 For guidance of ail concerned. By authority of the President: (Sgd.) CATALINO MACARAIG, JR. Executive Secretary Manila, 29 December 1989 The Lawphil Project - Arellano Law Foundation