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rabor vs csc- rabor a 68 year old utility worker for the government specifically in the office of the mayor

in davao city. he was advised by an official of the office of the mayor to retire on may 1991 considering
that he was already 68 years old at the time and has been in 13 years of government service. rabor
refused presenting a Certificate of Membership”2 issued by the Government Service Insurance System
(“GSIS”) and dated 12 May 1988. At the bottom of this “Certificate of Membership” is a typewritten
statement of the following tenor: “Service extended to comply 15 years service reqts.” the davao city
government then consulted with csc and the latter refused the extension of rabor stating that it is
contrary to memorandum circular no. 65 of the office of the President which states that Officials and
employees who have reached the compulsory retirement age of 65 years shall not be retained in the
service, except for extremely meritorious reasons in which case the retention shall not exceed six (6)
months. the davao city government then advised rabor of csc's response and told him to stop reporting
for work on august 1991. rabor then requested to the csc to give him an extension until he could
complete the 15 year service so that he could avail of the benefits given to retired government
employees. but csc refused. sc ruled that the administrative code authorizes csc to take action on the
extensions of service beyond the retirement age therefore csc memorandum circular 27 series 1990
which states that government employees who are 65 years old are allowed for 1 year extension only.
Administrative Code of 1987—and not alone P.D. No. 1146, otherwise known as the “Revised
Government Service Insurance Act of 1977. must be used for the matter of extension of service of
retirees who have reached sixty-five (65) years of age is an area that is covered by both statutes and not
alone by Section 11 (b) of P.D. No. 1146. This is crystal clear from examination of many provisions of the
present civil service law.

Section 12 of the present Civil Service Law set out in the 1987 Administrative Code provides, in relevant
part, as follows:

“Sec. 12. Powers and Functions.—The [Civil Service] Commission shall have the following powers and
functions:

(2) Prescribe, amend and enforce rules and regulations for carrying into effect the provisions of the Civil
Service Law and other pertinent laws;

(3) Promulgate policies, standards and guidelines for the Civil Service and adopt plans and programs to
promote economical, efficient and effective personnel administration in the government;

(10) Formulate, administer and evaluate programs relative to the development and retention of a
qualified and competent work force in the public service;

(14)Take appropriate action on all appointments and other personnel matters in the Civil Service
including extension of service beyond retirement age;

(17)Administer the retirement program for government officials and employees, and accredit
government services and evaluate qualifications for retirement;
(19) Perform all functions properly belonging to a central personnel agency and such other functions as
may be provided by law.” (Italics supplied). The physiological and psychological processes associated
with ageing in human beings are in fact related to the efficiency and quality of the service that may be
expected from individual persons. csc memorandum circular no. 27 series 1990 par. 1 is declared to be
valid and must be read with pd 1146. the head of the government agency where retiree who was 65
years old is working still has discretion if he will extended to complete the 15 year requirement of
service as long as it is exercised conformably with csc memorandum 27 series 1990.