August 4, 2020

ENGR. BENJAMIN R. ENSOMO, JR.

General Manager
Surigao Metropolitan Water District
Surigao City

Sir:

Good day!

This is to formally file a claim for the terminal leave benefits of the undersigned
employees. Records would show that we officially resigned from Surigao
Metropolitan Water District (SMWD) on ___________ but until now we have not
yet received the aforementioned benefits.

Worthy to emphasize is our right to receive terminal leave benefits as enshrined

under Sec. 37 of Civil Service Commission Memorandum Circular No. 41, Series
of 1998 which provides that any official/employee of the government who
retires, voluntarily resigns, or is separated from the service through no fault of
his own, and who is not otherwise covered by special law, shall be entitled to the
commutation of his leave credits exclusive of Saturdays, Sundays and Holidays
without the intention and regardless of the period when the credits were earned.

Be it noted that our resignation were voluntary. Accordingly, we have already

complied with all the documentary or formal requirements necessary for our
resignation. Equally important is the fact that we are already cleared of all our
obligations/liabilities with SMWD. Ergo, you are bereft of any ground to withhold
our terminal leave benefits.

It would not be amiss to remind you that, as enunciated in Ninfa N. Ward, CSC
Resolution No. 98-2449 dated September 23, 1998, terminal leave benefits are
considered as earned salaries of the official or employee concerned and the
latter shall be entitled to the same as a matter of course. Thus, the denial of the
same without justifiable grounds is wrongful.

We are optimistic that this matter will merit your preferential attention.

Respectfully,

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