Effect of resignation before retirement [Provincial circulars]

Title

Language

English

Source

I (10&11) October-November 1949

Year

1949

Subject

Resignation from public office

Retirement

Public officers

Corruption

Municipal government personnel – La Union

Dino, Ceferino

Rights

In Copyright - Educational Use Permitted

Abstract

Mr. Dino is a Provincial Treasurer and Assessor of Albay and will retire under Act no. 2589, as amended, resigned from his position on June 15, 1938. The records of the Bureau of Civil Service show that his resignation was due to various irregularities committed by him in the office, the so-called courtesy resignation was accepted by the President on October 19, 1946. The Office previously ruled that an officer or employee who resigns without being retired under Act no. 2589, as amended, thus waives his right to retire in it based on his services before his resignation.

Fulltext

offer to the Government the coope· peration necessary locally for the success of measures of general interest". The"e two purposes behind the creation of the Rural Council will be significant in bringing the government to the people and the people to the government. We cannot, therefore, but be em· phatic in urging that, if such a body is not yet organized in your municipality, the matter be included in your program of administra.tion. TO all SOTERO BALUYUT Secretary of the Interior Provincial Boards Municipal Boards/City Councils Municipal Councils FEES ON FOODSTCFFS (Collection of import or export taxes or fees on foodstuffs and other goods and merchandise.) Complaints have been received in this Department to t·he effect that man~- city and municipal treasurers are collecting taxes or fees on foodstuffs and other goods and merchandise carried into or out of the city or municipality, or mere!~- passing through the same, presumably in pursuance of ordinances approved by the municipal boards or cit~· or municipal councils providing for the collection of such taxes or fees. In the case of the municipalities, such ordinances, if any, are null and void ab initio because of the express prohibition in section 2287 of the Revised Administrative Code. In the case of the chartered cities, such ordinances are ultm vil'es because there is no provision in their charters expressly or impliedly authorizing them to impose such kind of taxes or fees. Moreover, the imposition by the local governments of import or export taxes or fees on goods and commodities carried through, into, or out of their respective territories would obviously deter the free flow of commerce in the country and cause considerable increase in OCTOBER-~OVEMBER, 1949 the prices of commodities, ti) the prejudice of the consuming public. In view of the foregoing, the city and municipal treasurers are hereby instructed to refrain from collecting municipal taxes and fees of the nature stated above, eveni if there is a municipal or city ordinance authorizing the rnme. In case there is any doubt as to "·hether or not a certain tax or fee comes within the purview of this circular, the matter should be brought immediately to the attention of this De])artment, and in the meantime, no collection o" the tax or fee provided in the ordinance shall be made by the city or munici])al treasurer. - PROVINCIAL CIRCULAR (Unnumbered), dated April 17, 1947, of Secrntary of Finance. ---oOo--EFFECT OF RESIGNATION BEFORE RETIREMENT Opinion is requested on whether or not Mr. Ceferino Difio may be granted the benefits under Act No. 2589, as amended, under the following facts and circumstances: On June 15, 1938, Mr. Difio resigned from the position of Provincial Treasurer and Assessor of Alba~·. after having previous!~· established his right to retire under Act No. 2589, as amended. The records of the Bureau of Civil Service show that his resignation was due to various irregularities committed by him in office. After the liberation, Mr. Difio was reappointed as Acting Provincial Trea~urer and Assessor of La Union, first, at 1'3,600 and, later, at 1'4,200 per annum. It further appears that on a date undisclosed in the within papers he presented a so-called "courtes~· resignation" which was accepted b,, the President on October 19, 1946, effective on the date following his last day of service. This Office has previously ruled that an officer or employee who resigns without being retired under Act No. 2589, as amended, thereby "forfeits his right to retire thereunder on the strength of his services prior to the resignation." (Op. Sec. of Justice, Sept. 23, 1946.) Upon reappointment, he is considered to have joined the govern( Conti11 ued on page 562) Page 523 for their information and approval. Carried unanimously. [TO BE CONTINUED] ---000--THEMAURA . .. ( Continued from page 541) a11y, subject to the Royal Decr~e. of November 12 1889, or in the mumc1pal tribunal whi~h may be constituted in accordance with these provisior.s. The banios of the City of Manila are excepted. 4. Contracts bidden for at public auction or awarded at the time of the publication of this Decree in the Gaceta de Manila, involving the revenues which are to form the "Income or Funds of the Towns,~' are. declared to be in force twtil their legal expiration. The income which the local fur.ds may derive from these contracts shall he distributed among the treasuries of the "Income of the Towns" in the manner \\·hich the Governor-General may comider most equitable. Given in the Palace this Nir.eteenth Day of May, 1893. MARIA1 CRISTINA ANTO~IO MAURA Y MONTARER Colonial Minister. --oOo-RAMIE CULTURE . .. ( Continnecl from page 571 feed on the leaves of ramie. The adults are easily attracted to light and may be killed by using a device described briefly as follows: A piece of board about one foot oquare is nailed on one end of a bamboo nole about five feet Jong- to form a platform. This is placed in the center of the field. A hurricane lamp or torch is then put in a basin of water or oil and placed on top of the platform. Attracted to the light, the flying insects are caug-ht in the oil or water where they perish. Another method is the use of fermenting- coconut sap or tuba. This is put ii~ ar. open vessel and placed over a pan of water to which sufficient kerosene or crude oil has been added. The whole t1';~ - is Placerl nn ~ nlatform in the micldl<> of the field. The odor of the coPag·e 562 PROVINCIAL . .. (Continued from page 523) ment service for the first time, insofar as the right to retire under Act No. 2589, as amended, is concerned. The length of his previous service may not be added to that rendered upon reinstatement, because, aside from the forfeiture previously referred to, the requirement of "continuous" service provided in Act No. 2589, as amended, would not be met. (Idem.) Applying the above principles to the case of Mr. Dino, it becomes evident that he may not retire under Act No. 2589, as amended, inasmuch as the length of his service since his reappointment after the liberation is less than the six-year minimum period prescribed for retirement under said Act. The services rendered by him prior to his resignation on June 15, 1938, may no longer be considered, the benefits thereof having been forfeited upon his resignation on said date. Moreover, the requirement of "continuous ... service for at least six years" would not be satisfied. (Sec. l, Act No. 2589, as amended.)-3rd Ind., Nov. 4, 1946, of Sec. of Justice. cor.ut tuba attracts large numbers of moths, thus reducing infestations. Thig method has been verified by the plant pest and disease control di vision of the Bureau of Plant Industry to have given good r€sults in Mindanao. A spray of 60 grams of lead or calcium arsenate for every petroleum can of water (approximately 19 liters) sprayed on the leaves of the plants will reduce the number of the insects and minimize crop damage. Lead or calcium arsenate mixed with equal parts of ga1cgaw or starch may also be dusted on the leaves of the plant with equally good €ffect. The leaf spot diseas€s caused by Cercospora boehmeriana (Wor,) which are common among .plants in a poor soil ,and under unfavorabh~ climatiP, conditions may be identified by the pre~ence of rusty brown spots scattered on the lea,·es with a grayish center surrounded by a circular structure. It may be controlled by clipping- off and burninQ' the affected parts, and by clean (Co11ti1111ed 011 page 566) THE LOCAL GOVERNMENT REVIEW

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