**Facts:**
1. **Employment and Initial Advisory:**
– Dionisio M. Rabor, a Utility Worker for the Davao City Mayor’s Office, started his service on April 10, 1978, at the age of 55.
– By May 1991, at the age of 68 years and 7 months, Alma D. Pagatpatan from the Mayor’s Office, advised Rabor to apply for retirement.
2. **Retirement Evidence:**
– Rabor presented a “Certificate of Membership” issued by GSIS dated May 12, 1988, indicating a typewritten statement, “Service extended to comply 15 years service reqts.”
– The Davao City Government sought advice from the Civil Service Commission, Region XI (CSRO-XI).
3. **Initial Decision:**
– On July 26, 1991, Director Filemon B. Cawad of CSRO-XI informed Davao City Mayor Rodrigo Duterte that Rabor’s service extension was contrary to M.C. No. 65 from the Office of the President.
– Rabor was advised to stop reporting for work effective August 16, 1991.
4. **Appeal for Extension:**
– On August 14, 1991, Rabor requested CSRO-XI to extend his service to complete the 15 years required for retirement benefits.
– The request was denied by Director Cawad on August 15, 1991.
5. **Further Appeals:**
– Rabor sought reconsideration from the Office of the President on January 29, 1992. The case was referred to the Civil Service Commission and dismissed under Resolution No. 92-594.
– Again, Rabor appealed to the Mayor’s Office on April 16, 1993, but was denied by Mayor Duterte on May 19, 1993.
6. **Supreme Court Involvement:**
– Rabor filed a Letter/Petition dated July 6, 1993, for Certiorari Review by the Supreme Court.
– The Court required the fulfillment of formal requirements for Certiorari and engagement of legal assistance. The Civil Service Commission filed a comment, and the Court proceeded to hear the case.
**Issues:**
1. **Rabor’s Eligibility for Service Extension:**
– Whether Rabor’s case fell under the ruling in *Cena v. Civil Service Commission*, thereby entitling him to an extension of service past the age of 65 to fulfill the 15-year service requirement.
2. **Discretion to Extend Service:**
– Whether local government discretion to extend service under *Cena* was properly exercised and if it could override national policies on retirement.
**Court’s Decision:**
1. **Review of Cena Doctrine:**
– The Court reviewed *Cena v. Civil Service Commission*, where Cena’s extension request was deemed discretionary by the agency head and granted by the Court upon reconsideration of the statute and administrative guidelines.
2. **Evaluation of Rabor’s Case:**
– The Court agreed with the Civil Service Commission that the discretionary authority to extend service was exercised by the Davao City Government, resulting in a valid denial of Rabor’s request.
3. **Validity of Circulars:**
– The Court upheld the validity of Civil Service Memorandum Circular No. 27, emphasizing that administrative issuances limiting service extension are consistent with the overarching policies and the administrative code.
– The Supreme Court maintained that the Circular was established to ensure efficient administration and personnel management within government entities.
4. **Denying the Petition:**
– The Court ruled that Rabor’s petition did not have merit and upheld the earlier decisions of the lower entities, denying the extension.
**Doctrine:**
– The discretion to extend service beyond compulsory retirement age is vested in the head of the agency, and such discretion should align with Civil Service Memorandum Circular No. 27. The requirement for aligning administrative provisions with the statutory framework was reaffirmed.
**Class Notes:**
– **Key Concepts:**
– **Service Extension:** Governed by statutory requirements and administrative regulations.
– **Discretionary Authority:** Authority vested in agency heads subject to regulations.
– **Judicial Reexamination:** Relief through the judiciary does not easily overturn administrative discretion unless justifiable under pertinent laws.
– **Statutory Provisions:**
– **P.D. No. 1146, Sec. 11(b):** Conditions for old-age pension including discretionary service extension to complete 15-year service requirement.
– **Administrative Code of 1987:** Provides the Civil Service Commission the authority to regulate service extensions and personnel management.
**Historical Background:**
– **Retirement Policies Context:** The case resonates with the broader national policies on retirement, mandatory age, and the associated benefits in the Philippines. The regulations ensure a balance between promoting efficient labor practices and extending humanitarian retirement benefits.
– **Implications of Cena:** The *Cena* case was pivotal in shaping the interpretation of retirement benefit statutes and administrative issuances, influencing subsequent similar cases, and highlighting the complexity of balancing policy compliance with individual benefits.
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