G.R. No. L-19617 October 31, 1969
UNIVERSITY OF THE PHILIPPINES BOARD OF REGENTS and CRISTINO JAMIAS, petitioners, vs. AUDITOR GENERAL and the GOVERNMENT SERVICE INSURANCE SYSTEM, respondents.

FACTS

Petitioner Cristino Jamias, a Professor of English Language and Literature and Head of the University Publications Department at the University of the Philippines (U.P.), reached the compulsory retirement age of 65 on July 20, 1961, having served continuously since June 26, 1924. Prior to his retirement, his immediate superior, Dean Tomas S. Fonacier, requested U.P. President Vicente G. Sinco to extend Jamias’ service for one academic year until April 15, 1962, citing his good health, unfinished work on U.P.’s history, and the need for an adjustment period for his teaching courses. President Sinco endorsed the request, and on July 27, 1961, the U.P. Board of Regents resolved to approve the extension. However, on December 28, 1961, the U.P. Auditor questioned the legality of this extension. The Auditor General affirmed this ruling on February 1, 1962, citing a Justice Secretary opinion that the Board lacked such power. The Government Service Insurance System (GSIS) also informed Jamias that services rendered after age 65 were illegal and compensation must be refunded or deducted from his annuity. The U.P. Auditor then directed the withholding of Jamias’ salary from March 7, 1962. Petitioners filed an original action for prohibition to stop the salary withholding and any annuity deductions.

ISSUE

Whether or not the U.P. Board of Regents has the power to extend the tenure of a professor beyond the compulsory retirement age of 65 years.

RULING

No. The Supreme Court ruled that the U.P. Board of Regents does not have the power to extend the tenure of a professor beyond the compulsory retirement age of 65. U.P. employees, including professors, are government employees compulsorily covered by the Retirement Law, Commonwealth Act 186, as amended. While the original 1936 law expressly excluded U.P., giving it an option to join the GSIS, subsequent amendments, particularly Republic Act 660 (1951), deleted this exclusion, making U.P. a compulsory member of the System. The law governing extensions of service beyond age 65, Section 12(c) of Commonwealth Act 186 (as amended by Republic Act 660 and later Republic Act 728), vested the power to approve such extensions solely in specific high officials: the President of the Philippines, the President of the Senate, the Speaker of the House of Representatives, or the Chief Justice of the Supreme Court, depending on the branch of government. The U.P. Board of Regents is not among these enumerated authorities. The legislative history shows a clear intent to centralize this discretionary power in the highest officials of each government branch to ensure uniformity and prevent abuse. Therefore, the Board’s resolution extending Professor Jamias’ service was void for lack of legal authority.