HERNANDEZ, Noel L.

Re: Extension of Service

(Completion of 15 Years of Service)
x-----------------------------------------------------x

NOTICE OF RESOLUTION

Sir/Madam:

The Commission promulgated on December 3, 2021 Resolution No. 2101042

on the above-cited subject matter, copy attached. Its original is on file with this
Commission.

6 December 2021.
Very truly yours,

KATHERINE LIMARE-DELMORO
Acting Director IV
Commission Secretariat and Liaison Office

Copy furnished:

Vice-Mayor Vic Ruskin M. Ong

Municipal Government of Gloria, Province of Oriental Mindoro
batasangpambayangloria@gmail.com

Mr. Noel L. Hernandez

Municipal Government of Gloria, Province of Oriental Mindoro
nlhjoy8@gmail.com

The Resident COA Auditor

Municipal Government of Gloria, Province of Oriental Mindoro
c/o  COA Regional Office No. IV-B (MIMAROPA)
coa.reg4b@coa.gov.ph
lmadolfo@coa.gov.ph

Director IV Karin Litz P. Zerna

Civil Service Commission Regional Office No. IV      
ro04@csc.gov.ph

Director II Nancy B. Asilo 

CSC Field Office - Oriental Mindoro
ro04.fo_orientalmindoro@csc.gov.ph
cscro4_ormindoro@yahoo.com
HERNANDEZ, Noel L. 2101042
Number: _________________
Re: Extension of Service
(Completion of 15 Years of Service) Promulgated: 03
_____________
December 2021
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RESOLUTION

Vice-Mayor Vic Ruskin M. Ong, Municipal Government of Gloria, Province of

Oriental Mindoro, in a letter dated March 8, 2021, and received by the Commission on March
22, 2021, requests the extension of service of Noel L. Hernandez, Secretary to the Sangguniang
Bayan, same municipal government, after the latter’s 65th birthday on January 20, 2022 to
enable him to complete the fifteen (15)-year government service requirement under the GSIS
Law.

In the aforesaid letter, it is represented that:

xxx

“This has reference with the Extension of Service Request of MR. NOEL
LARGA HERNANDEZ xxx up to April 2024 for the completion of the required
fifteen (15) years of Service of the Government Service Insurance System.”

xxx

The Commission, through the Office of the Chairperson, coordinated with the Human
Resource Office of the Municipal Government of Gloria on the submission of the documentary
requirements, specifically:

1. Certification from GSIS on Hernandez’s Total Length of Service signed by the

branch manager,
2. Clearance of no pending administrative case from the Municipal Government
of Gloria, Office of the Ombudsman, and Civil Service Commission; and
3. GSIS Certificate on Hernandez’s Total Length of Service (TLS) signed by the
branch manager.

On October 8, 2021, the Commission received partial submission through electronic

mail. Hernandez’s request still lacks his clearance of no pending administrative case from the
CSC.

It may be noted at the outset that during the pendency of the request, the national public
health emergency has been on-going. Governmental offices have adopted alternative working
arrangements which has undeniably affected governmental transactions. Working under these
constraints, the Commission shall now resolve the present request.

Pertinent thereto are Paragraphs 4, 6, and 7 of Section 129, Rule XII of the CSC
Resolution No. 1701009 dated June 16, 2017 (2017 Omnibus Rules on Appointments and
Other Human Resource Actions [ORAOHRA]) which provide:
Hernandez…p.2
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“However, for one who will complete the fifteen (15) years of service
required under the GSIS Law, a maximum period of two (2) years may be
allowed. Services rendered during the period of extension shall be credited as
part of the government service for purposes of retirement. The official or
employee may file the request of extension of service.

xxx

“The only basis for Heads of Offices to allow an employee to continue

rendering service after his/her 65th birthday is a Commission Resolution
granting the request for extension. In the absence of such resolution, the said
employee shall not be authorized to perform the duties of the position and
his/her salaries shall be the liability of the official responsible for the continued
service of the employee.

“During the period of extension, the employee on service extension shall

be entitled to salaries and salary increases, allowances, and other
remunerations that are normally considered part and pHernandezl of an
employee’s compensation package subject to the existing regulations on the
grant thereof, except step increments. The employee shall also be entitled to 15
days vacation and 15 days sick leave annually, provided, that the same are not
commutative and cumulative.”

It is explicit from the aforementioned rule that in the exigency of the service, the
Commission allows the extension of service of a government official or employee who will
reach the compulsory retirement age of sixty-five (65) for a period of six (6) months only,
unless otherwise stated. However, one’s service may be extended to a maximum period of two
(2) years if the purpose is to meet the fifteen-year service requirement under the GSIS Law.

The GSIS Calapan Extension Office in a certification dated July 21, 2021 indicates that
Hernandez has accumulated a Total Length of Service (TLS) of 12.26478 years which, if
adjusted to his 65th birthday, is equivalent to thirteen (13) years, two (2) months and eleven
(11) days. Thus, his period of service deficit is one (1) year, nine (9) months and nineteen (19)
days.

The Commission is inclined to grant the period of (1) year, nine (9) months and nineteen
(19) days as it is well within the allowable period of extension provided in the ORAOHRA.
In addition to this, the Commission shall provide Hernandez with seven (7) more days to
obviate any possibility of miscomputation. In sum, Hernandez shall be granted a total of one
(1) year, nine (9) months and twenty-six (26) days of service extension. As such, his services
rendered during the period of extension shall be credited as part of his government service to
enable him to complete the fifteen (15)-year service requirement for the purpose of claiming
retirement benefits.

Aside from the salary that he will receive for actual services rendered, Hernandez is
still entitled to receive PERA and RATA, these being normally considered part of an
employee’s compensation package. With regard to other benefits, i.e., year-end benefits,
loyalty cash bonus and anniversary bonus, the Commission rules that Hernandez is also entitled
to the same, these being in the nature of awards and incentives. The grant, however, is subject
to the implementing rules governing the same (SUPREMO, Briccio, CSC Resolution No. 97-
4643 dated December 18, 1997). In addition, it is understood that Hernandez shall be entitled
to leave privileges during the period of service extension, subject to the terms and conditions
enunciated in Paragraph 7, Section 129, Rule XII, ORAOHRA.
Hernandez…p.3
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Moreover, Hernandez shall be entitled to salary increases only for services rendered
during the period of extension pursuant to CSC Resolution No. 10-00020 dated August 16,
2010 (Entitlement of Compulsory Retirees to Salary Increases for Services Rendered
During the Period of Extension). It bears stressing, however, that Hernandez is no longer
entitled to step increments and clothing allowance during the extension period since he is
already considered retired at the close of office hours on January 20, 2022. The above-
mentioned privileges are contemplated to benefit an employee in the long term and not within
the predetermined extension period. The fact that he is still actually rendering service beyond
the compulsory age of retirement is deemed an exception to the general rule.

WHEREFORE, the request of Vice-Mayor Vic Ruskin M. Ong, Municipal

Government of Gloria, Province of Oriental Mindoro, for the extension of service of Noel L.
Hernandez, is hereby PARTLY GRANTED. Accordingly, the service of Hernandez is
extended for a period of one (1) year, nine (9) months and twenty-six (26) days, from January
21, 2022 to November 15, 2023 which shall be credited as part of his government service. This
is subject to the submission to the Commission of the original or certified copies of the requisite
documents within fourteen (14) working days from the time normal governmental operations
resume. Failure to do so shall warrant the Commission to revoke motu proprio this Resolution.

Quezon City.

ALICIA dela ROSA-BALA

Chairperson

ATTY. AILEEN LOURDES A. LIZADA

Commissioner

VACANT
Commissioner

Attested by:

KATHERINE LIMARE-DELMORO
Acting Director IV
Commission Secretariat and Liaison Office

arb/bgj/raf/kpz
Noel L. Hernandez
NDC No. 21-0138