MEMORANDUM CIRCULAR NO. 35 - MODIFYING MEMORANDUM CIRCULAR 163 DATED MARCH 5, 1968, AND ENJOINING STRICT OBSERVANCE THEREOF, PARTICULARLY ON THE HIRING OR REAPPOINTMENT OF RETIRED GOVERNMENT PENSIONER OR ANNUITANT

WHEREAS, reports have been received by the Office of the President regarding violations of Memorandum Circular No. 163 dated March 5, 1968 on the appointment of persons who have already reached the age of 57 years, the reinstatement of persons who have been previously retired from the government service, and the retention in the service of persons who have reached the compulsory retirement age of 65 years;

WHEREAS, these violations consist of appointments, reinstatements and/or retentions based on considerations other than the exigencies of the service and the other conditions provided for in said memorandum circular, and have adversely affected the public service;

WHEREAS, it is imperative that this practice be stopped immediately and that certain amendments to the aforesaid memorandum circular be effected.

IN VIEW THEREOF, all department secretaries, heads of bureaus, offices, agencies and instrumentalities of the government, including government-owned or controlled corporations, are hereby enjoined to strictly observe Memorandum Circular No. 163, dated March 5, 1968, as herein modified, quoted in full as follows:

"MEMORANDUM CIRCULAR NO. 163

"PROVIDING RULES TO GOVERN APPOINTMENT OF PERSONS WHO HAVE REACHED THE AGE OF 57 YEARS, REINSTATEMENT OF PERSONS WHO HAVE BEEN PREVIOUSLY RETIRED FROM THE SERVICE, AND RETENTION IN THE SERVICE OF PERSONS WHO HAVE REACHED THE COMPULSORY RETIREMENT AGE OF 65 YEARS.

"The following rules are hereby promulgated to govern appointment of persons who have reached the age of 57 years, reinstatement of persons who have been previously retired from the service, and retention in the service of persons who have reached the compulsory retirement age of 65 years.

"Effective immediately, authority for such appointment, reinstatement or retention shall not be granted, unless the following conditions concur, as certified to by the Chief of the agency concerned:

a. the exigencies of the service so require;

b. the officers or employees concerned possess special qualifications not possessed by other officers or employees in the agency where they are to be appointed, reinstated or retained; and

c. the vacancy cannot be filled by promotion of qualified officers or employees in the agency concerned, or by transfer of qualified officers or employees from other government agencies, or there are no eligibles, in the appropriate register of the Civil Service Commission available for certification to the vacancy.

"Officials or employees who have reached the compulsory retirement age of 65 years shall not be retained in the service for a period exceeding two (2) years.

"Officers or employees recommended for retention in the service, as well as government pensioners or annuitants recommended for rehiring or reappointment to any government position, shall not be allowed to assume, or continue in, office pending receipt of authority from this Office. Officers or employees responsible for violation of this order shall, in addition to administrative liabilities, be made to answer personally for the salary involved."

Since 19.07.98.