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Case Digest: RE: Request for guidance/clarification on Section 7, Rule III of RA NO 10154, Requiring retiring government employees to secure a clearance of pendency/non-pendency of case/s from the Civi Service Commission
ISSUE: Whether or not the said provision is applicable to members of the judiciary
FACTS: Section 7, Rule III of the Implementing Rules and Regulations of Republic Act No. (RA) 101541 states that: Notice of Pendency of Case. The retiring employee shall seek Clearance of Pendency/Non-Pendency of Administrative Case from his/her employer agency, Civil Service Commission (CSC),Office of the Ombudsman, or in case of presidential appointees, from the Office of the President.
RATIO DECIDENDI: Section 6,2 Article VIII of the 1987 Philippine Constitution (Constitution) exclusively vests in the Court administrative supervision over all courts and court personnel.3 As such, it oversees the court personnel’s compliance with all laws and takes the proper administrative action against them for any violation thereof. The requirement of seeking a Clearance of Pendency/NonPendency of Administrative Case from the Civil Service Commission embodied in Section 7, Rule III of the Implementing Rules and Regulations of Republic Act No. 10154 is declared INAPPLICABLE to retiring employees of the Judiciary
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