LEPARTO-YANGZON, Lynn Marie D.

Re: Query; Study Leave

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RESOLUTION NO. 020711

Lynn Marie D. Leparto-Yangzon, Stenographic Reporter II, Office of the Solicitor General (OSG),
Makati City, in a letter dated March 21, 2002, and received by the Commission on March 22, 2002,
requests clarification on the coverage/applicability of Section 68, CSC Memorandum Circular No. 14, s.
1998, as amended (study leave privilege).
In her letter, Yangzon stated as follows:
"I am a Stenographic Reporter II in the Office of the Solicitor General (OSG). I am a graduate in
Nursing. I now intend to take the board examination for nurses this coming June 2 3, 2002, and am
currently enrolled at the East West Educational Specialist for my review from February 23 to May 31,
2002.
"According to said circular, the program is available to all officials/employees not only for those
who would take the BAR but also for those who would take the Board examinations as long as they meet
the CSC requirements. I am glad to state that I qualified for all the conditions set herein except for one
that needs further elucidation: the portion that required relevance of the applicants study to his/her
agency or to his/her official duties and responsibilities.
"At first glance a study in Nursing may not have a bearing on my official duties and responsibilities
in the Office of the Solicitor General. However, the very act of reviewing and taking the board gives an
individual the patience, the discipline, and most importantly, the confidence that will consequently benefit
his/her overall performance. A self-assured employee certainly works diligently and enthusiastically
thereby contributing his/her own brand of professionalism in the agency. Some would say that this is just
another case of stretched interpretation, but I am fully convinced that a self-fulfilled person not only
brings out the best in him/her but also brings out the best in others.
Pertinent in the resolution of the instant query is Section 68, Rule XVI, Omnibus Rules on
Leave (CSC Memorandum Circular No. 41, s.1998, as amended):
"Section 68. Study Leave. Officials and employees, excluding those in the teaching profession
who are covered by different provisions of law, may be entitled to study leave subject to the following
conditions:
a. The study leave is a time-off from work not exceeding six (6) months with pay for the purpose of
assisting the qualified officials and employees to prepare for their bar or board examinations or to
complete their masteral degree. The leave shall be covered by a contract between the beneficiary and
the agency head or his representative.
b. The beneficiary for such leave shall be selected based on the following qualification requirements:
1) The official/employee must have graduated with a bachelors degree which consequently requires the
passing of government bar and board licensure examinations. For thesis writing or comprehensive
examination, the official/employee must have completed all the academic requirements for a masteral
degree.
2 The profession or field of study to be pursued must be relevant to the agency or to all the official duties
and responsibilities of the concerned official or employee.
3 Must be a permanent employee.
4 Must have rendered at least two years of service with at least very satisfactory performance for the last
two rating periods immediately preceding the application.

5 Must have no pending administrative and criminal charges.

6 Must not have any current foreign or local scholarship grant
7 Must have fulfilled the service obligation of any previous scholarship and training contract."
Thus, in order for an employee to be qualified to avail of the study leave, he or she must have
complied with all the requisites stated above.
In the instant case, Yangzon represents that she meets all the requirements for her to avail of the
study leave privilege, except that stated under item no. b (2) of the above-quoted Section 68, i.e. "The
profession or field of study to be pursued must be relevant to the agency or to the official duties and
responsibilities of the concerned official or employee." Yangzon states that she graduated with a degree
in Nursing but the position she currently holds is that of a Stenographic Reporter II at the office of the
Solicitor General.
The issue to be resolved is whether Yangzon may be allowed to avail of the study leave privilege
granted under Section 68 of CSC Memorandum Circular No. 41, s. 1998, as amended, in order to take
the Professional Board Examination for Nurses notwithstanding that she is currently holding the position
of Stenographic Reporter II at the Office of the Solicitor General. In other words, whether a degree in
Nursing may be considered relevant in the performance of the functions of a Stenographic Reporter II, to
qualify said board examination among the examinations covered by the study leave privilege.
At the outset, it may be said that a degree in Nursing is a far cry from the position of Stenographic
Reporter II. The exercise of the nursing profession, which is more on the medical side, is very remote
from the duties and functions of one appointed as Stenographic Reporter, which is more on the legalclerical side. Strictly speaking, therefore, a nurse by profession cannot practice as such while retaining his
or her position as Stenographic Reporter II, and vice versa.
Following this line of thought, it need not be further stressed that to allow Yangzon to avail of the
study leave privilege would be to defeat the qualification requirements set forth by the Commission
under Section 68 of CSC Memorandum Circular No. 41, s. 1998, as amended. This is because
Yangzons degree in Nursing, including her consequent taking of the Board Examination therefor, will not
work to comply with the "relevance to the job" requirement stated under said memorandum circular.
However, a conservative adherence to the literal import of a particular provision is not always the
general rule. There may be instances when an equitable construction may be adopted in order to
accomplish a greater purpose. These are instances when the interest of justice calls for a liberal
interpretation of a given law or rule.
Liberal construction is that construction which expands the meaning of a statute to meet cases
which are clearly within the spirit or reason thereof, or within the evil which the statute was designed to
remedy, or which gives a statute its generally accepted meaning to the end that the most comprehensive
application thereof may be accorded without being inconsistent with its language or doing violence to any
of its terms. In short, liberal construction means that the words should receive a fair and reasonable
interpretation, so as to attain the intent, spirit and purpose of the law.1
The Commission finds that a liberal interpretation of Section 68 of CSC Memorandum Circular No.
41, s. 1998, as amended, is warranted in the herein case of Leparto-Yangzon in order to better serve the
purpose of such rule and ultimately, promote justice.
True, a degree in Nursing has no direct bearing to the job of a Stenographic Reporter, however, it
may have relevance to the agency. It is to be noted that the provision used the disjunctive "or".
Further, it must be emphasized that when the Commission decided to provide aspiring
professionals this grant, it had in mind not only the public benefit the agency will derive in terms of the
professional services the employee shall render. Equally important is the personal and professional
growth of an employee in having another opportunity to pursue further his/her dreams, without having to
worry about her/his means of livelihood for the period that he/she will not be reporting for work.
It then becomes easy to see that the reason behind the study leave privilege is to encourage
government employees to seek professional advancement worry-free. In the pursuit of such, the grant
seeks to assist them by allowing them to devote their full time and attention to the intricacies of the bar or
board examination that they are going to hurdle. Ultimately, the study leave grants proximate objective is
theprofessionalization of the bureaucracy, which beneficial effects shall redound to the best interest of
both parties, i.e. the agency-grantor as well as the employee-grantee concerned.

Putting the foregoing considerations to fore, the Commission finds sufficient basis to hold that a
Nursing Graduate employed as Stenographic Reporter II may be allowed to avail of the study leave
privilege. Corollarily, a degree in nursing, taken from a liberal perspective, may be deemed as
substantially compliant with the requirement under Section 68 of CSC Memorandum Circular No. 41, s.
1998, as amended that,The profession of field of study to be pursued must be relevant to the agency or
to the official duties and responsibilities of the official or employee concerned.
All the foregoing notwithstanding, it has to be emphasized that the grant of study leave is subject
to the discretion of the head of agency based on the dictates of the exigencies of the service. Privilegia
resipriunt largan interpretationen voluntati consonan concedentis. Privileges are to be interpreted in
accordance with the will of him who grants them. Hence, still of paramount consideration in the approval
of applications for availment of study leave is the greater interest of the service to be determined with the
circumspection by the head of agency concerned.
WHEREFORE, the Commission hereby rules that Lynn Marie D. Leparto-Yangzon, Stenographic
Reporter II at the Office of the Solicitor General, Makati City, may be allowed to avail of the study leave
grant under Section 68 of CSC Memorandum Circular No. 41, s. 1998, as amended, provided all the
other requirements stated in said circular are complied with. Provided, further that approval of her
application shall be at the discretion of the head of agency, in this case the Solicitor General.
Quezon City, MAY 16 2002

(Signed)
KARINA CONSTANTINO-DAVID
Chairman
(Signed)
JOSE F. ERESTAIN, JR.
Commissioner

ON LEAVE
J. WALDEMAR V. VALMORES
Commissioner
Attested by:
(Signed)
ARIEL G. RONQUILLO
Director III