DUMOGHO, Eleuterio C.
Re: Appointment; Compulsory
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Former President of the Senate, now Senator Blas F. Ople appeals the disapproval of the appointment of Eleuterio C. Dumogho as Director III (Personal Staff) under coterminous/temporary status and assigned at the Office of now Senate President Aquilino Q. Pimentel, Jr., by the Civil Service Commission—National Capital Region (CSC-NCR).
The CSC-NCR explained its action of disapproving Dumogho’s appointment, to wit:
“. . . The appointment was disapproved pursuant to the (sic) Section 12 Rule XIII of MC 15, s. 1999 which stated (sic) that ‘No person who has reached the compulsory retirement age of 65 can be appointed to any position in the government.’
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“Clearly, the provision in CSC MC No. 15, s. 1999 does not provide for any exemption. Therefore, we believe that as of September 27, 1999, the date the same circular took effect, subject appointment issued on September 28, 1999 is already covered by the circular. We also believe that CSC MC No. 35, s. 1993 cannot be applied considering that it has been superseded by CSC MC No. 15, s. 1999. . .”
The appeal of then Senate President Ople reads, in part, as follows;
“May we inform you that the said appointment of Mr. Dumogho is the renewal of his previous appointment with the same position title and rate in the Office of Senator Pimentel. Having a co-terminous-temporary status and primarily confidential in nature, subject appointment, as implied in Memorandum Circular No. 35, s. 1993 re: APPOINTMENT TO PRIMARILY CONFIDENTIAL POSITIONS, requires annual renewal by the concerned office.”
Records disclose that on September 28, 1999, Dumogho’s appointment as Director III (Personal Staff) under coterminous/temporary status and assigned at the Office of now Senate President Pimentel, Jr. was renewed. Such renewal of appointment,
however, was disapproved by the CSC-NCR on the ground that Dumogho has already
reached the compulsory retirement age of 65 years for it appears that he was born on May 26, 1930.
Squarely applicable in the present case is Section 12, Rule XIII of the Revised Omnibus Rules on Appointments and Other Personnel Actions which categorically provides, as follows:
“Sec. 12. No person who has reached compulsory retirement age of 65 can be appointed to any position in the government, except to primarily confidential positions, provided that the appointment shall be under temporary status.”
It is clear from the aforecited rule that a person who has already reached the compulsory retirement age may still be appointed provided that the position to which he is to be appointed is considered primarily confidential and that it is under temporary status. It must be stressed that CSC Memorandum Circular No. 15, s. 1999 did not repeal, modify or alter the aforecited rule. In fact, nowhere can it be found in the said MC 15 that it expressly repeals, modifies, or alters the abovementioned rule. Hence, said rule is still in force and effect.
Considering, therefore, that the position to which Dumogho was appointed is deemed as primarily confidential and that his employment status is coterminous/ temporary, his appointment as Director III (Personal Staff), may be approved, notwithstanding the fact that he already reached the compulsory retirement age.
WHEREFORE, the appeal of then Senate President Blas F. Ople is hereby GRANTED. Accordingly, the Civil Service Commission—National Capital Region is directed to approve the appointment of Eleuterio C. Dumogho as Director III (Personal Staff) under coterminous/temporary status.
Quezon City, January 5, 2001
JOSE F. ERESTAIN, JR.