cena vs csc- cena rendered government service of 11 years when he retired on january 1991 he started

on november 1978. he then requested to the lra administrator to extend his service up to 15 years in
order for him to avail the full retirement benefits of pd 1146 section 11. the lra administrator then
sought the ruling of the csc who in turn denied the request. cena will retire at the age of 68 years old if
his request for extension will be granted. in its CSC Resolution No. 90-681, declaring therein, that Mr.
Cena shall be considered retired from the service on January 22, 1991, the date when he shall reach the
compulsory retirement age of sixty-five (65) years, unless his retention for another year is sought by the
head of office under Civil Service Memorandum Circular No. 27, s. 1990. csc then extended cena for 1
year only pursuant to CSC Memorandum Circular No. 27, Series of 1990, instead of three (3) years and
three (3) months to complete the 15-year service requirement for his retirement with full benefits as
provided under Section 11, par. (b) of Presidential Decree No. 1146, otherwise known as the Revised
Government Service Insurance Act of 1977. cena questioned the extension and along with solicitor
general stated that pd 1146 section 11 is generally worded and does not specify the maximum number
of years the retiree may avail of in order to complete the 15 year service. sc ruled that csc under book 5
chapter 3 section 12 of the administrative code does not have the authority to limit the extension of a
retiree who has not completed the 15 year service but has reached the age of 65 to only 1 year. Section
12, par. (14), Chapter 3, Subtitle A, Title I, Book V of the Administrative Code of 1987 provides thus:

“SEC.12. Powers and Functions.___The Commission shall have the following powers and functions:

“(14) Take appropriate action on all appointments and other personnel matters in the Civil Service
including extension of service beyond retirement age;” also Revised Government Service Insurance Act
of 1977 (P.D. 1146) would be rendered nugatory and meaningless.

Section 11 paragraph (b) of the Revised Government Service Insurance Act of 1977 expressly provides,
thus:

“SEC.11. Conditions for Old-Age Pension.—(a) Old-age pension shall be paid to a member who:

“(b) Unless the service is extended by appropriate authorities, retirement shall be compulsory for an
employee of sixty-five years of age with at least fifteen years of service: Provided, That if he has less
than fifteen years of service, he shall be allowed to continue in the service to complete the fifteen
years.” liberal construction is then needed since the pd 1146 is remedial and it is a statute creating a
pension plan therefore it must be contrued in favor of the persons it intends to give benefit to. head of
the gobernment agency where retiree worked may extend him up to 15 years by the former's discretion