5/19/2021
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Section 1. The President shall approve the extension of services of
Presidential appointees beyond the compulsory retirement age, only upon
recommendation by the concerned Department Secretary, unless otherwise
provided by law. The extension of services of non-Presidential appointees
shall be subject to the approval of the Civil Service Commission, only upon
the recommendation of the concerned Department Secretary and in
accordance to Executive Order No. 292, otherwise known as "The
Administrative Code of 1987" and other existing laws.
Section 2. Officials or employees who have reached the compulsory
retirement age of 65 years shall not be retained in the service, except for
exemplary meritorious reasons.
Section 3. Any officer or employee requesting for retention in the service
shall not be allowed to assume or continue in office pending receipt of
authority from the Office of the President.
Section 4. Upon approval of the President, the first extension of services for
Presidential appointees shall be for six (6) months, and subsequently for a
second extension of six (6) months, or for a maximum extension of one (1)
year only.
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Relatedly, Section 23 of Republic Act (RA) No. 7157, otherwise known as the Philippine
Foreign Service Act of 1991 provides:
Part C. Provisions of General Application to All Officers
Section 23. Compulsory Retirements. - All officers and employees of the
Department who have reached the age of sixty-five (65) shall be
compulsorily and automatically retired from the Service: provided,
however, that all incumbent non-career chiefs of mission who are seventy
(70) years old and above shall continue to hold office until June 30, 1992,
unless sooner removed by the appointing authority. Non-career appointees
who shall serve beyond the age of sixty-five (65) years shall be entitled to
retirement benefits, (emphasis ours)
In order to determine whether petitioner is entitled to the payment of his salary and
other money claims, we need to ascertain the following: 1) whether petitioner's
extension of service beyond his compulsory retirement was authorized and approved by
the Office of the President and 2) whether petitioner had actually served as Consul
General for the period from January 1, 2005 to June 30, 2005.
After an assiduous review of the records, we agree with the recommendation of the
Cluster Director, Cluster 1 - Executive Offices, NGS of COA that the money claims of
petitioner be given due course. The Memorandum of then Executive Secretary Ermita
expressly stated that petitioner's extension was until June 30, 2005, or until the arrival
of his successor, whichever is earlier. It specifically states, to wit:
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66329
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