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    12) Rabor Vs CSC

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    John Ayson
    1) Petitioner Rabor was a utility worker for the Davao City government who was advised to retire at age 68 with 13 years of service since he had not yet completed the 15 years of service required to receive retirement benefits. 2) Rabor requested a two-year extension of his employment to reach the 15-year service requirement. 3) The Civil Service Commission ruled that while department heads have discretion to allow extensions past age 65, this discretion must conform with Civil Service Memorandum Circular No. 27, which sets age and service requirements for retirement. The Circular was declared valid and departments must follow its guidelines on extensions.

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    12) Rabor Vs CSC

    Uploaded by

    John Ayson
    106 views2 pages
    1) Petitioner Rabor was a utility worker for the Davao City government who was advised to retire at age 68 with 13 years of service since he had not yet completed the 15 years of service required to receive retirement benefits. 2) Rabor requested a two-year extension of his employment to reach the 15-year service requirement. 3) The Civil Service Commission ruled that while department heads have discretion to allow extensions past age 65, this discretion must conform with Civil Service Memorandum Circular No. 27, which sets age and service requirements for retirement. The Circular was declared valid and departments must follow its guidelines on extensions.

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    1) Petitioner Rabor was a utility worker for the Davao City government who was advised to retire at age 68 with 13 years of service since he had not yet completed the 15 years of service required to receive retirement benefits. 2) Rabor requested a two-year extension of his employment to reach the 15-year service requirement. 3) The Civil Service Commission ruled that while department heads have discretion to allow extensions past age 65, this discretion must conform with Civil Service Memorandum Circular No. 27, which sets age and service requirements for retirement. The Circular was declared valid and departments must follow its guidelines on extensions.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    106 views2 pages

    12) Rabor Vs CSC

    Uploaded by

    John Ayson
    1) Petitioner Rabor was a utility worker for the Davao City government who was advised to retire at age 68 with 13 years of service since he had not yet completed the 15 years of service required to receive retirement benefits. 2) Rabor requested a two-year extension of his employment to reach the 15-year service requirement. 3) The Civil Service Commission ruled that while department heads have discretion to allow extensions past age 65, this discretion must conform with Civil Service Memorandum Circular No. 27, which sets age and service requirements for retirement. The Circular was declared valid and departments must follow its guidelines on extensions.

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    RABOR v CIVIL SERVICE COMMISSION

    FACTS:
    Petitioner is a Utility Worker in the Office of the Mayor, Davao City.He
    entered the government service as a Utility worker on 10 April 1978 at
    theage of 55 years.Alma, D. Pagatpatan, an official in the Office of the
    Mayor of Davao City,advised Dionisio M. Rabor to apply for retirement,
    considering that he hadalready reached the age of sixty-eight (68) years
    and seven (7) months,
    withthirteen (13) years and one (1) month of government service. Raborre
    sponded to this advice by exhibiting a "Certificate of Membership"
    issuedby the Government Service Insurance System ("GSIS") and dated 12
    May1988. Thereupon, the Davao City Government, through Ms.
    Pagatpatan, wrote tothe Regional Director of the Civil Service
    Commission, Region XI, Davao City("CSRO-XI"), informing the latter of the
    foregoing and requesting advice "asto what action [should] be taken on
    this matter."Petitioner Rabor then sent to the Regional Director, CSRO-XI,
    a letter dated14 August 1991, asking for extension of his services in the
    City Governmentuntil he "shall have completed the fifteen (15) years
    service [requirement] inthe Government so that [he] could also avail of
    the benefits of the retirementlaws given to employees of the
    Government." The extension he was askingfor was about two (2) years.
    Asserting that he was "still in good health andvery
    able to perform the duties and
    functions of [his] position as UtilityWorker," Rabor sought "extension of [hi
    s] service as an exception toMemorandum Circular No. 65 of the Office of
    the President."

    ISSUE/S:
    Whether Rabor may be allowed to extend?

    HELD:
    No. Our conclusion is that the doctrine of
    Cena

    should be and ishereby modified to this extent: that Civil Service


    Memorandum Circular
    No.27, Series of 1990, more specifically paragraph (1) thereof, is herebyde
    clared valid and effective. Section 11 (b) of P.D. No. 1146 must,accordingly
    , be read together with Memorandum Circular No. 27. Wereiterate,
    however, the holding in
    Cena
    that the head of the governmentagency concerned is vested with
    discretionary authority to allow or disallowextension of the service of an
    official or employee who has reached sixtyfive(65) years of age without completing fifteen (15) years of governments
    ervice; this discretion is, nevertheless, to be exercised conformably with
    theprovisions of Civil Service Memorandum Circular No. 27, Series of 1990.

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