WHEREAS,
several employees have been separated from the government service due
to the abolition of their offices under the new Constitution;chanroblesvirtualawlibrary
WHEREAS, there is a policy to give priority to the reemployment of
these government employees; chanroblesvirtualawlibrary
WHEREAS, Section 286 of the Revised Administrative Code and Section
2(c), Rule XVI, of the Civil Service Rules prohibit the reappointment
or reemployment of employees who have commuted the money value of their
leave unless they refund the money value of the unexpired portion of
the commuted leave;chanroblesvirtualawlibrary
WHEREAS, it is assumed that when these law and rule were promulgated
the abolition of offices caused by a constitutional change was not
contemplated;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all Armed Forces of the Philippines, and pursuant
to proclamation No. 1081, dated September 21, 1972, and General Order
No. 1, dated September 22, 1972, do hereby order and decree:cralaw:red
Section 1. Any provision of law, rule or regulation
to the contrary notwithstanding, an official or employee who was
separated from the service due to the abolition of an office by virtue
of the new Constitution and whose leave of absence was commuted
following said separation may be reemployed in the Government on a
contractual basis without requiring him to refund the money value of
the unexpired portion of the leave commuted. After the expiration of
the period of the commuted leave, a regular appointment may be extended
to the official or employee concerned for the position which he held on
a contractual basis.
Section 2. This Decree shall take effect immediately.
Done in the City of Manila,
this 3rd day of January, in the year of Our Lord, nineteen hundred and
seventy-four.
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