RE: REQUEST FOR GUIDANCE/CLARIFICATION ON SECTION 7, RULE III OF REPUBLIC ACT NO.

10154 REQUIRING RETIRING GOVERNMENT EMPLOYEES TO SECURE A CLEARANCE OF

PENDENCY/NON-PENDENCY OF CASE/S FROM THE CIVIL SERVICE COMMISSION.

A.M. No. 13-09-08-SC, October 1, 2013

The case stemmed from a memorandum from Atty. Eden Candelaria, the Deputy Clerk of Court and Chief
Administrative Services of the Supreme Court requesting clarification on the applicability of Sec. 7, Rule
III of RA 10154 on retiring employees of the judiciary.

Section 7. 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.

ISSUE:
W/N Sec. 7, Rule III of RA No. 10154 is applicable to retiring employees of the judiciary?

RULING:
 The Court ruled in the NEGATIVE.
 Section 6, Article VIII of the 1987 Philippine Constitution (Constitution) exclusively vests in the
Court administrative supervision over all courts and court personnel.
 It is mandated to oversee a court personnel’s compliance with all laws and take proper
administrative sanction against them for violation of said laws.
 Sec. 7, Rule III or R.A. No. 10154 should not be applied to employees in the judiciary since it
would disregard its constitutionally-enshrined power of administration and supervision over its
personnel.
 However, the Supreme Court clarified that the Constitution only accords judiciary supervision
over its employees. With regard to clearance on criminal cases, it does not fall within the
Judiciary. It should be imposed by the appropriate government agency – such as the Office of the
Ombudsman.