Republic ofthe Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA comer Quezon Avenue, West Triangle, Quezon City hitp: www ig.com. ph FEB 08 2020 CILG OPINION NO. 2% = S. 2020 HON. JOSE FRANCISCO “KIKO” B. BENITEZ Representative 3* District, Province of Negros Occidental Penthouse, South Wing Annex House of Representatives, Constitution Hills Quezon City Dear Representative Benitez: This has reference to your letter dated 04 December 2019 requesting for the Department's legal opinion on the following questions of law: 1. Whether or not an elected official who has a pending case, either administrative or criminal, at the Office of the Ombudsman may validly claim his terminal leave benefits; and 2. Whether or not terminal leave benefits of an elected official may be validly withheld during the pendency of a case at the Office of the Ombudsman to answer for any possible pecuniary liability that may be ordered paid by the Court. In reply thereto, please be informed that we answer Query No. 1 in the affirmative and consequently, Query No. 2 in the negative. In Ninfa N. Ward, CSC Resolution No. 98-2449 dated 23 September 2998, as cited in CSC Resolution No. 01-0673 pertaining to the Terminal Leave Benefit of Benjamin G. Mendoza, accrued leave credits (terminal leave benefits) are considered as earned salaries of the official or employee concerned and the latter was ruled to be entitled to the same as a matter of course. Sections 35 to 37 of CSC Memorandum Circular No. 41, series of 1998, as amended by CSC Memorandum Circular No. 14, series’ of 1999 entitled “Additional Provisions and Amendments to CSC Memorandum Circular No 41, 1998” read: ‘SEC. 35. Terminal leave.—Terminal leave is applied for by an official or rcmployee who intends to sever his connection with his employer. Accordingly, the fling of application for terminal leave requires as a condition siné qua non, the employee's resignation, retirement or separation from the service without any fault on his part. It must be shown first that public employment cease by any of the said modes of severances. SEC. 36. Approval of terminal leave. - Application for commutation of vacation and sick leave in connection with separation through no fault of an official or employee shail be sent to the head of department concerned for approval. In this connection, clearance from the Ombudsman is no longerrequired for processing and payment of terminal leave as such clearance is needed for payment of retirement benefits. SEC, 37. Payment of terminal leave.— Any official/employee of the nment who retires. voluntary resi is separated from the service through no fault o ‘and who is not otherwise covered throuah 0 elaine = irdays, lays and lita ithout limitation and less of ti riod wh credits earned. (Emphasis Supplied) Based on the foregoing, an official or employee with pending administrative case shall not be barred from enjoying leave privileges. In fact, the application for commutation of terminal leave shall already be made with the head of department concerned and that Ombudsman clearance is not required in the processing thereof. We hope to have sufficiently clarified the above-stated issues. Ls/LRALLD/17, t o Copy furnished ENGR. ARIEL O. IGLESIA, CESO V Officer-in-Charge, DILG-Region VI 6 Pepita Aquino Street, Fort San Pedro Tilo City