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MEMORANDUM CIRCULARS
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MEMORANDUM CIRCULAR NO. 106 -
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, 1988, the commutation of leave credits without limit shall
obtain regardless of the period when the credits were earned, provided
that the leave privileges under EO 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 EO 1077 predicated the use of the term "special law" as
referring only to members of the 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.
For guidance of all concerned.
Manila, 29 September, 1989.
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