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MOP, BK 4, v.4,5,6, 134
[ EXECUTIVE ORDER NO. 83, December 24, 1945 ]
APPROPRIATING FUNDS FOR THE PAYMENT OF GRATUITIES TO OFFICIALS AND EMPLOYEES OF THE NATIONAL, PROVINCIAL, CITY, AND MUNICIPAL GOVERNMENTS AND OF THE CORPORATIONS OR COMPANIES OWNED OR CONTROLLED BY THE GOVERNMENT.
In order to extend to officials and employees of the National provincial, city, and municipal governments, and of the corporations or companies owned or controlled by the Government, the benefits already granted to other officials and employees of the National Government, pursuant to Administrative Order No. 27 dated December 7, 1945, I, SERGIO OSMEÑA, President of the Philippines, by virtue of the authority vested in me by law, do hereby order:
1 The sum of Seven Million pesos, of so much thereof as maybe necessary is hereby appropriated out of any funds in the National Treasury hot otherwise appropriated for the payment of gratuities-
(a) To loyal and deserving employees of the National Government who were in the active service on December 8, 1941, and were paid on daily basis and who are, there¬fore, not covered by Administrative Order No. 27, dated December 7, 1945;
(b) To loyal and deserving officials and employees of the provincial, city, and municipal governments who were in the active service on December 8, 1941;
(c) To loyal and deserving officials and employees of the corporations or companies owned or controlled by the Government who were in the active service on December 8, 1941; and
(d) To loyal and deserving officials and employees of the Commonwealth Government, who were appointed after December 8, 1941, by the proper Commonwealth authorities in the civil administration connected with the resistance movement.
The officials and employees above mentioned may receive the gratuities herein authorized whether they have been recalled to the service or not, provided that those paid on daily basis must have been in the actual service continuously for at least six months prior to December 8, 1941, except that in the case of those paid on daily basis under subparagraph (d) hereof such six months’ service must be from the date of their original appointments.
The appropriation herein authorized shall be allotted by the Secretary of Finance to the bureaus ;and offices concerned of the National Government, to, the provincial, city and municipal governments, and to the corporations or companies owned or controlled by the Government the finances of which do not warrant the payment of such gratuities out of their respective funds. The allotments to such corporations or companies shall be considered as advances to be repaid to the National Treasury as soon as their finances will permit.
2. The gratuities herein authorized shall be equivalent to two months’ basic salary at the rates actually received on December 8, 1941; and in the case of those appointed after December 8, 1941, by the proper Commonwealth authorities in the civil administration connected with the resistance movement, such gratuities shall be at the rates fixed in their original appointments.
3. The following are considered not loyal and deserving and they shall not, therefore, be entitled to the, gratuities herein authorized—
(a) Officials and employees who, after December 8, 1941, were convicted by competent authority of treason or other offenses involving moral turpitude or disloyalty to the Government of the United States or the Government of the Commonwealth of the Philippines.
(b) Those who, after December 8, 1941, were dismissed for cause from the service of the National, provincial, city or municipal governments or of the corporations or companies owned or controlled by the Government.
(c) Those who were convicted of crimes involving moral turpitude or who were dismissed from the service for cause during the enemy occupation, except those who have been cleared by proper authority or whose cases have been duly reconsidered.
4. The payment of gratuities to officials and employees having cases in the People’s Court or in any other court or office of competent jurisdiction and to those who are still under the custody of the United States Army or of the Commonwealth Government shall be withheld pending the final outcome of their respective cases.
5. The payment of gratuities to those who, on December 8,1941, were chief officials of the provincial, city, or municipal governments, or who were assistant managers of corporations or companies owned or controlled by the Government, and other officials holding positions of the same or higher rank, as well as those who were promoted to such positions during the enemy occupation shall be withheld, except those who have been cleared by proper authority or re-employed in the said governments, corporations, or companies.
6. Officials and employees appointed for a limited period of time shall be paid gratuities up to the date of the expiration of their last appointments or contracts at the rates of compensation fixed in paragraph numbered 2 hereof, but in no case to exceed two months.
7. Officials and employees who died before February 26, 1945 shall be paid gratuities up to the date of death at the rates of compensation fixed in paragraph numbered 2 hereof, but in no case to exceed two months.
8. The payment of gratuities authorized in this Order shall be subject to auditing requirements prescribed by the Auditor General in addition to the foregoing conditions.
Done in the City of Manila, this 24th day of December, in the year of Our Lord, nineteen hundred and forty-five, and of the Commonwealth of the Philippines, the eleventh.
By the President:
(Sgd.) JOSE S. REYES
Secretary to the President
1 The sum of Seven Million pesos, of so much thereof as maybe necessary is hereby appropriated out of any funds in the National Treasury hot otherwise appropriated for the payment of gratuities-
(a) To loyal and deserving employees of the National Government who were in the active service on December 8, 1941, and were paid on daily basis and who are, there¬fore, not covered by Administrative Order No. 27, dated December 7, 1945;
(b) To loyal and deserving officials and employees of the provincial, city, and municipal governments who were in the active service on December 8, 1941;
(c) To loyal and deserving officials and employees of the corporations or companies owned or controlled by the Government who were in the active service on December 8, 1941; and
(d) To loyal and deserving officials and employees of the Commonwealth Government, who were appointed after December 8, 1941, by the proper Commonwealth authorities in the civil administration connected with the resistance movement.
The officials and employees above mentioned may receive the gratuities herein authorized whether they have been recalled to the service or not, provided that those paid on daily basis must have been in the actual service continuously for at least six months prior to December 8, 1941, except that in the case of those paid on daily basis under subparagraph (d) hereof such six months’ service must be from the date of their original appointments.
The appropriation herein authorized shall be allotted by the Secretary of Finance to the bureaus ;and offices concerned of the National Government, to, the provincial, city and municipal governments, and to the corporations or companies owned or controlled by the Government the finances of which do not warrant the payment of such gratuities out of their respective funds. The allotments to such corporations or companies shall be considered as advances to be repaid to the National Treasury as soon as their finances will permit.
2. The gratuities herein authorized shall be equivalent to two months’ basic salary at the rates actually received on December 8, 1941; and in the case of those appointed after December 8, 1941, by the proper Commonwealth authorities in the civil administration connected with the resistance movement, such gratuities shall be at the rates fixed in their original appointments.
3. The following are considered not loyal and deserving and they shall not, therefore, be entitled to the, gratuities herein authorized—
(a) Officials and employees who, after December 8, 1941, were convicted by competent authority of treason or other offenses involving moral turpitude or disloyalty to the Government of the United States or the Government of the Commonwealth of the Philippines.
(b) Those who, after December 8, 1941, were dismissed for cause from the service of the National, provincial, city or municipal governments or of the corporations or companies owned or controlled by the Government.
(c) Those who were convicted of crimes involving moral turpitude or who were dismissed from the service for cause during the enemy occupation, except those who have been cleared by proper authority or whose cases have been duly reconsidered.
4. The payment of gratuities to officials and employees having cases in the People’s Court or in any other court or office of competent jurisdiction and to those who are still under the custody of the United States Army or of the Commonwealth Government shall be withheld pending the final outcome of their respective cases.
5. The payment of gratuities to those who, on December 8,1941, were chief officials of the provincial, city, or municipal governments, or who were assistant managers of corporations or companies owned or controlled by the Government, and other officials holding positions of the same or higher rank, as well as those who were promoted to such positions during the enemy occupation shall be withheld, except those who have been cleared by proper authority or re-employed in the said governments, corporations, or companies.
6. Officials and employees appointed for a limited period of time shall be paid gratuities up to the date of the expiration of their last appointments or contracts at the rates of compensation fixed in paragraph numbered 2 hereof, but in no case to exceed two months.
7. Officials and employees who died before February 26, 1945 shall be paid gratuities up to the date of death at the rates of compensation fixed in paragraph numbered 2 hereof, but in no case to exceed two months.
8. The payment of gratuities authorized in this Order shall be subject to auditing requirements prescribed by the Auditor General in addition to the foregoing conditions.
Done in the City of Manila, this 24th day of December, in the year of Our Lord, nineteen hundred and forty-five, and of the Commonwealth of the Philippines, the eleventh.
(Sgd.) SERGIO OSMEÑA
President of the Philippines
President of the Philippines
By the President:
(Sgd.) JOSE S. REYES
Secretary to the President