CSC tells Senate secretary: Retirement age can't be extended unless...

MANILA, Philippines - The Civil Service Commission (CSC) on Friday notified Senate secretary-on leave Emma Lilia-Reyes that any government employee, who has reached the retirement age of 65, cannot be appointed to any other government post.

Extension of service is allowed only if the concerned official is appointed in a co-terminous post or in a confidential capacity, the CSC said.

When Reyes reached her 65th birthday last January 31, Senate President Juan Ponce Enrile appointed Senate deputy secretary for legislation Atty. Edwin Bellen as officer-in-charge despite initial resistance from Reyes to leave her post.

In a letter to Reyes dated March 8, Assistant Commissioner Ariel Ronquillo cited Section 12, Rule XIII of CSC memorandum circular no. 40 s. 1998 as the relevant provision on the Senate secretary’s case.

Ronquillo pointed out that, as a general rule, a person who has reached the compulsory retirement age of 65 can no longer be appointed to any position in the government.

“No person who has reached the compulsory retirement age of 65 years can be appointed to any position in the government, subject only to the exception provided under subsection (b) hereof,” Ronquillo said.

The CSC official cited an exception in “meritorious cases” when the Commission may allow the extension of service of a person who reached the 65 years mandatory retirement age for a period of six months.

“Provided, that such extension may be for a maximum of one year for one who will complete 15 years of service required under the GSIS law,” the CSC letter read.

The CSC's legal opinion was silent on Reyes’ argument that her term of office will expire upon the election of her successor, citing Senate rules.

Reyes said she will leave her post until majority of the Senators have appointed her successor during plenary session. Congress is now on an extended break until June to pave way for the campaign for the midterm elections.

She initially requested Enrile to extend her assignment until June 6, but the Senate president declined it and had designated Bellen as officer-in-charge.

Reyes has been on leave of absence since Bellen’s appointment. She reiterated that a holder of a position, who reaches the age of 65 years, is considered extended automatically in the service until the expiry date of his/her appointment is earlier terminated, citing CSC memorandum no. 27 (s. of 2001).

Ronquillo pointed out that under the civil service rules, the service extension shall be good only for one year.

“The only exception is when the person who has reached the compulsory retirement of 65 is appointed to a position in the government that is coterminous/primarily confidential in nature in which case he/she continues in office until his/her appointment expires or earlier terminated,” the CSC said.

Ronquillo also informed Reyes that the commission has furnished Senate legal counsel Maria Valentina Cruz a copy of its opinion upon the latter’s request dated February 18, and that issue has been ruled by the Office of the Legal Affairs.