AUTHORIZING THE REEMPLOYMENT ON A CONTRACTUAL BASIS OF OFFICIALS OR EMPLOYEES WHO WERE SEPARATED FROM THE GOVERNMENT SERVICE DUE TO THE ABOLITION OF THEIR OFFICE BY VIRTUE OF TH…

WHEREAS, several employees have been separated from the
government service due to the abolition of their offices under the new
Constitution;

WHEREAS, there is a policy to give priority to the
reemployment of these government employees;

WHEREAS, Section 286 of the Revised Administrative Code and
Section 2(c), Rule XVI, of the Civil Service Rules prohibit the
reappointment or reemployment of employees who have commuted the money
value of their leave unless they refund the money value of the unexpired
portion of the commuted leave; and

WHEREAS, it is assumed that when these law and rule were
promulgated the abolition of offices caused by a constitutional change
was not contemplated;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers in me vested by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081, dated September 21, 1972, and General
Order No. 1, dated September 22, 1972, do hereby order and decree:

SECTION 1. Any provision of law, rule or regulation to the
contrary notwithstanding, an official or employee who was separated from
the service due to the abolition of an office by virtue of the new
Constitution and whose leave of absence was commuted following said
separation may be re-employed in the Government on a contractual basis
without requiring him to refund the money value of the unexpired portion
of the leave commuted. After the expiration of the period of the
commuted leave, a regular appointment may be extended to the official or
employee concerned for the position which he held on a contractual
basis.

SEC. 2. This Decree shall take effect immediately.

Done in the City of Manila, this 3rd day of January, in the year
of Our Lord, nineteen hundred and seventy-four.