LAMAGNA, Rose Solangon
Re: Appointment; University President;
       Age Limit; Query
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RESOLUTION NO. 000403

Rose Solangon Lamagna, Chief Public Information Office, City of Pasay, requests the Commission to rule regarding the issue on whether or not the Sangguniang Panlunsod ng Pasay can enact an ordinance or pass a resolution setting the age qualification of its local university president (Pamantasan ng Lungsod ng Pasay). Said query reads as follows:

"CSC Memorandum Circular No. 19, s. 1992, provides among other: empowers the Local Sanggunian to create offices, determine priority needs for positions in created offices, and fix qualification standards of positions to be created.

"Can the Sangguniang Panlungsod ng Pasay enact an ordinance or pass a resolution setting the age qualification of its local university president (Pamantasan ng Lungsod ng Pasay) which may not necessarily be in accordance with the age limit set by the Civil Service Laws but in accordance with the age limit of seventy (70) years as provided under RA 8292?

"At present, the Sangguniang Panlungsod ng Pasay is being chaired by the Honorable Vice Mayor Greg F. Alcera, who in behalf of the City Council has expressed his utmost support to Dr. Adelaida Canon as president of the Pamantasan ng Lungsod ng Pasay."

In response to the aforequoted query, the Office for Legal Affairs, this Commission, rendered an Opinion in a letter dated October 15, 1999 which reads as follows:

"Please be informed that the power of the Local Sanggunian to create offices and determine the qualification standards as provided under CSC Memorandum Circular No. 19, series of 1992 is always subject to Civil Service Law, rules and regulations. This is explicitly provided in Section 76 of R.A. 7160 (Local Government Code of 1991) cited in said memorandum circular. Thus, the Sangguniang Panglungsod ng Pasay may not enact an ordinance or resolution setting the age limit of the President of the Pamantasan ng Lungsod ng Pasay beyond that required by the guidelines prescribed by the Civil service Commission. Specific to this is Section 12, Rule XIII (Prohibition) of CSC Memorandum Circular No. 40, series of 1998 which provide., in part, as follows:

'SEC. 12. No person who has reached compulsory retirement age can be appointed to any position in the government, except to primarily confidential positions, provided that the appointment should be under temporary status.

"Additionally, Section 4 (x) of Republic Act No. 8292 (An Act Providing for the Uniform Composition and Powers of the Governing Board, the Manner of Appointment and the Term of Office of the President of Chartered State Universities and Colleges and for Other Purposes) does not authorize the Sangguniang Panlungsod of Pasay to set the age limit of the President of the Pamantasan ng Lungsod ng Pasay to seventy (70) years but merely allows the governing board to extend the term of the president of the college or university beyond the retirement but not later that the age of seventy (70)."

The issue that needs to be resolved in the instant case is whether or not a person over sixty-five (65) years old may be appointed as a Local University President.

In an analogous case, the Commission ruled in CSC Resolution No. 99-0764 dated April 7, 1999 (PEREZ, Carmela S., ALFONSO, Larry M.), as follows:

"WHEREFORE, this Commission resolves to rule that no person who has reached the compulsory retirement age of sixty-five (65) can be appointed as State Colleges and Universities (SUCS) President for the first time."

Viewed in the light of the foregoing discussion and by analogy, it is clear that no person can be appointed President of a Local University if he has reached 65 years old and, in effect, the Sangguniang Panlunsod ng Pasay cannot pass an ordinance or resolution setting the age qualification of the President of the Pamantasan ng Lungsod ng Pasay beyond the sixty-five (65) years old limit set by the Civil Service Law, Rules and Regulations and Republic Act No. 196, as amended.

WHEREFORE, the Commission rules that the Sangguniang Panlunsod ng Pasay cannot enact an ordinance or resolution setting the age limit of the President of the Pamantasan ng Lungsod ng Pasay beyond that required by the guidelines prescribed by the Civil Service Commission. Accordingly, the Opinion dated October 15, 1999 of the Office for Legal Affairs, this Commission, is hereby affirmed.

 

Quezon City, FEB 08 2000

 

(SGD.)

CORAZON ALMA G. DE LEON

Chairman

 

                (SGD.)

JOSE F. ERESTAIN, JR.                                                                    (Vacant)

         Commissioner                                                                        Commissioner

 

Attested by:

 

(SGD.)

ARIEL G. RONQUILLO

Director III

 

 

LSD/A2/s9

0- 99-0630

cps/CM06-2000/pvp