Opinion of Secretary of Justice.pdf

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Opinion of Secretary of JusttceRetirement under Act 4183 In reply to yours of September 24 requesting my comment and recommendation on the interpretation and applieation of Act No. 4183, as amend· ed ·by .Commonwealth Act No. 623, in relation to the proposed retirement of Mr. Sisenando Ferriols, tAdministrative Deputy in the offce of the Provin~ <'ial Treasurer of Batangas, I beg to say: ."In order to grant a gratuity to provincial, mµnicipal and city officers and employees who resign or are sqiarated from the service by reason of a reorganization thereof, the provincial boards, mimicipal and city boards or councils may, with the approval of the Secretary of the Interior, retire their officers and employees, granting them, in eonsideration of satisfactory service rendered, a gratuity ... " Referring to these provisions, as well as to Act No. 4270, authorizing the retirement, under similar conditions, of officers and employees of the City of Manila, this Department has consistently held that the retirement gratuity provided in said Acts "may be demanded only if the claimant i.:r retired or separa.ted ft-om the service as a re.~ult of the reorga.niza· tion" of the local government. (Op. No. 150, series 1941, Op. No. 46, series 1939, of the Secretary of Justice.) Thus, in one case this Office stated,: "Having -been separated from the service by h~s death-which tooik place before the approval of Commonwealth Act No. 623'-and not by reorganization, of the Government of the City of Manila, Mr. Revilla is not entitled to the retirement g1·a:tuity provided in said act." (Op. of the Sec. of Justice, July 15, 1946; uniderscorng supplied.) · You state that in approving Act No. 4183 the then Governor General laid clown the policy that no local official or employee shall be allowed to retire unless his .position is abolished SEPTEMBER, 1949 and that no position so abolished shall be recreated, and cautioned against the conversion of the said Act into a pension law, inasmuch as this legis· lation was passed apparently for the purpose of facilitating the reorganiza· tion of the local government with the retrenchment policy in view. Conformably to that policy and to the opinions of this Department hereinbefore mentioned, I recommend that no provi11cial, municipal, or city officer or employee be retired with gratuity unless his retirement or separa· tion from the service should arise from or should become necessary by reason of a reorganization of the service.Letter dated Oct. 16, 1946 of the Sec. of Just:Ce to the Chief of the Executive Office. - 0 0 1 > - - Provincial Affairs ... (Co1ttintted from page 449) the .province and neighboring provinces or islands or to dredge rivers and provide facilities for communication and transportation by river, and for establishing and operating telephone systems is subject ro approval of Dept. Head; (Sec. 2113(c), !Adm. Code.) ZO. Expenditures for the benefit of non-ChrlstiallJ inhabitants are subject to approval of Secretary of the Interior. (Sec. 2114., Adm. Code. Note: Suck expenditures noio come from the genertil fund, the so-called Non-Christian inhabitants' fund having been disestablished inasmuch as the inhabitants concerned are no. longer enumeroted as non-Christians.-Ed.) ""'.:~::::::::::::::::::~:::::::~:::::::::::::::::::::::::--l'llflllflliffrflfllfl1D1111111JJM-.rt1111111n111111 ~. ""''°"'m1111111111111m11111111W111•nu11111111111m•111~1111~ I Compliments of i Del Mundo Welding Shop I Come and see our shop. ~ 2321 Misericordia, Manila Page 473

Date

1949

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