Extension of Service for Presidential Appointees

The President may appoint executive officials and other officers whose appointments are vested in him under the Constitution, and that appointment power includes approval of extension of services beyond compulsory retirement age (Whereas clauses).
The President approves extensions of services of Presidential appointees under Section 1, upon proper recommendation.
For non-Presidential appointees, the Civil Service Commission must approve extensions, subject to Executive Order No. 292 and other existing laws (Section 1).
Executive Order No. 292—“The Administrative Code of 1987”—governs extension of services for non-Presidential appointees in the manner required by Section 1.

Executive Order No. 136 affirms that extension of services beyond compulsory retirement age requires presidential approval for Presidential appointees, grounded on the constitutional appointment power.
Executive Order No. 136 sets a controlled, limited retention framework for officials and employees who reach compulsory retirement age.

Compulsory retirement age is treated as 65 years under Section 2.
Presidential appointees are the category whose extension of services requires presidential approval under Section 1.
Non-Presidential appointees are the category whose extension of services requires Civil Service Commission approval under Section 1.

Section 1 applies to Presidential appointees seeking extension of services beyond compulsory retirement age.
Section 1 applies to non-Presidential appointees whose extension of services is covered by Civil Service Commission approval requirements.
Section 2 applies to officials or employees who have reached the compulsory retirement age of 65 years.
Section 3 applies to any officer or employee who requests retention in the service.
Section 4 applies to the first and subsequent extensions of services for Presidential appointees upon presidential approval.

Section 1 requires that the President shall approve extension of services of Presidential appointees beyond compulsory retirement age only upon recommendation by the concerned Department Secretary, unless otherwise provided by law.
Section 1 requires that extension of services of non-Presidential appointees shall be subject to Civil Service Commission approval only upon recommendation of the concerned Department Secretary and in accordance with Executive Order No. 292 and other existing laws.
Section 2 provides that officials or employees who have reached 65 years shall not be retained in the service except for exemplary meritorious reasons.
Section 4 limits the term of the extension of services for Presidential appointees as follows:
- The first extension is six (6) months.
- The second extension is six (6) months.
- Extensions may be granted for a maximum extension of one (1) year only.
Section 3 prohibits an officer or employee requesting retention from assuming or continuing in office pending receipt of authority from the Office of the President.

Requests for extension of services of Presidential appointees must be acted upon through the mechanism in Section 1: presidential approval upon recommendation by the concerned Department Secretary.
Requests for extension of services of non-Presidential appointees must follow the mechanism in Section 1: Civil Service Commission approval, based on recommendation by the concerned Department Secretary, consistent with Executive Order No. 292 and other existing laws.
Any officer or employee who seeks retention must comply with Section 3 by not assuming or continuing in office while awaiting authority from the Office of the President.
Extension terms for Presidential appointees under Section 4 take effect only upon approval of the President, and the extension duration must follow the six (6) months, six (6) months, and maximum one (1) year only structure.

Section 5 repeals or modifies all orders, issuances, rules, regulations, or parts thereof that are inconsistent with Executive Order No. 136.
Section 5 operates as a dynamic adjustment, ensuring that conflicting provisions are repealed or modified accordingly to align with Executive Order No. 136.