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MEMORANDUM CIRCULARS
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Sponsored
by: The
ChanRobles Group
A
collection of Philippine laws, statutes and codes
not
included or cited in the main
indices
of
the Chan Robles Virtual Law Library.
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MEMORANDUM CIRCULAR NO. 33 -
SUPREME COURT DECISION ON OP MEMORANDUM CIRCULAR NO. 133 DATED OCTOBER
16, 1967
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| For the information of all heads of
offices, both national and local, including government-owned or
controlled corporations, attention is invited to the decision of the
Supreme Court in the case of Marasigan vs. Cruz, G. R. No. L-40648
promulgated on May 20, 1987, affirming a decision of the Court of First
Instance of Manila declaring "void and of no effect" OP Memorandum
Circular No. 133 prescribing certain conditions for optional retirement
under Commonwealth Act No. 186, as amended by Republic Acts No. 1616
and No. 4968, the dispositive portion of which reads as
follows: "In
its decision the trial court set out the perspective that is
appropriate in respect of a retirement law like Commonwealth Act No.
186 as amended:
"A retirement law such as C. A. 186 and amendatory laws is in the nature of a contract between the government and its employees. When an employee joins the government service he has a right to expect that after rendering the required length of service and fulfilled the conditions stated in the laws on retirement, he would be able to enjoy the benefits provided in said laws. He regularly pays the dues prescribed therefor. It would be cruel to deny him the benefits he had been expecting at the ends of his service by imposing conditions for his retirement which are not found in the law. It is believed to be a legal duty as well as a moral obligation on the part of the government to honor its commitments to its employees when as in this case, they have met all the conditions prescribed by law and are therefore entitled to receive their retirement benefits." We agree with the trial court in this respect." Accordingly, applications for optional retirement benefits under C. A. 186 as amended by R. A. 1616 and R. A. 4968 shall no longer be submitted to the Malacañang Clinic for determination of the physical incapacity of applicants. Please be guided accordingly. Manila, August 3, 1987. |
Since 19.07.98.
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