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MOP, Bk 5, v.5, 105

[ ADMINISTRATIVE ORDER NO. 41, August 13, 1947 ]

PRESCRIBING CERTAIN RULES GOVERNING THE PROCEDURE FOR THE GRANT OF BENEFITS CONFERRED BY REPUBLIC ACT NO. 186



WHEREAS, to carry out the provisions of Republic Act No. 186 approved on June 21, 1947, which confers certain benefits on public school teachers and other employees of the Government, it is desirable to establish a uniform policy and procedure for the grant of such benefits;
NOW, THEREFORE, I, MANUEL ROXAS, President of the Philippines, by virtue of the powers vested in me by law, do hereby prescribe the following rules:
1. Any teacher or employee claiming the benefits of Republic Act No. 186 shall file with the Bureau of Civil Service a verified application in the form and manner to be prescribed by the Commissioner of Civil Service.

2. The degree or grade required for the eligibility applied for must have been obtained or completed on the date from which the applicant claims to have begun his ten years of continuous service or on a date prior thereto.

3. Applicants must have rendered continuous service for ten years on or before June 21, 1947, and must be in the service on said date. For purposes of counting ten years of service, the period from January 1, 1942 to December 31, 1945, shall be excluded if the applicant rendered no service during said period; Provided, That service in the armed forces during said period, duly proved, may be considered; and Provided finally, That the non-rendition of service from January 1, 1942 to the date on which an applicant may have been recalled to the service shall not be taken as breaking the continuity of his service, if he can otherwise show a full ten-year service interrupted only by the hiatus from January 1, 1942 to the date of his recall.
4. An applicant claiming senior teacher or junior teacher eligibility will not be permitted to offer non-teaching experience for purposes of completing the required ten years’ continuous service.
The Commissioner of Civil Service shall prepare and print such forms as may be necessary to carry out the provisions of Republic Act No. 186 and of this Order and otherwise to perform such acts as may give due effect thereto. His decisions in all cases coming under this law shall be final unless revered by the President on appeal.

Done at the City of Mania, this 12th day of August, in the year of Our Lord, nineteen hundred and forty-seven, and of the Independence of the Philippines, the second.

(Sgd.) MANUEL ROXAS
President of the Philippines

By the President:

(Sgd.) EMILIO ABELLO
Executive Secretary
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