Monday, December 2, 2013

Principles on salary increase for PHWs


airport lobby
Joint Resolution no. 4 authorizes the President of the Philippines to modify the compensation and position classification system of civilian personnel and the base pay schedule of military and uniformed personnel in the government, including devolved public health workers (PHWs). The implementation of the law falls heavily on the Department of Budget and Management in close coordination with the Civil Service Commission, consistent with the executive orders to be issued by the President.

The DBM is likewise directed to prepare Consolidated Compensation and Position Classification Report and its status of implementation and periodically update the same and submit to Congress and the Commission on Audit for public disclosure, monitoring and compliance with established policies and as basis for future policy decisions. Its governing principles are as follows:

Sunday, December 1, 2013

R.A 7305 not affected by other laws

Fishing
What are the effects of R.A 7160 and Joint Resolution no. 4 on R.A 7305? Are the magna carta benefits under R.A 7305 modified or amended by Joint Resolution no. 4 or R.A 7160? How should the Magna Carta provisions be interpreted in case of conflict with other laws or doubt? These are some of the issues which are circulating in the local government units and local budget officers are showing their proclivity to restrain the implementation of Magna Carta benefits. 

Their views are focused on the effects of R.A 7160 otherwise known as the Local Government Code of 1991 and the salary standardization law-the Joint Resolution no. 4 passed by the Philippine Senate and the House of Representatives aside from alleged budgetary constraints.

And their views need to be revisited.

Saturday, November 30, 2013

Transfer of public health workers

Ceiling
What is the legal effect of filing of an appeal by a public health worker (PHWs) against an order for his geographical re-assignment or transfer? Is he liable for insubordination if he refuses to comply first to the said order? What are the applicable rules? The law expressly provides the procedure for a valid transfer or re-assignment of a public health worker, to wit: 
  • The public health worker must be informed first of the reasons for his transfer or re-assignment,
  • The transfer must be in the interest of public service,
  • The transfer or re-assignment is subject to an appeal before the Civil Service Commission (CSC), especially, if the public health worker believes that his transfer or re-assignment has no justification and
  • The Civil Service Commission shall cause the holding in abeyance the transfer or re-assignment in case of an appeal .

Friday, November 29, 2013

Philippine Toy and Game Law

cell phone
Philippines passed Republic Act no. 10620, otherwise known as  "An Act Providing for Toy and Game Safety Labeling, Appropriating Funds Therefore". It was passed by the Senate and House of Representatives  last June 5, 2013 and approved on September 3, 2013 by President Benigno S. Aquino III. It requires safety labeling for children's toys only. In other words, the parents' toys are exempted from the coverage of the law.

Specifically, the law makes it unlawful for toys and games locally or internationally manufactured without safety labeling and manufacturer's markings found in the Philippines National Standards.

Balloons, balls,marbles, or toys or games not compliant to packaging requirements  are considered misbranded or banned hazardous substance under the law. They shall be withdrawn from the market at the expense of the manufacturer or importer and shall not be allowed for distribution, selling and offering to sell until the requirements of the law are complied.

Thursday, November 28, 2013

Magna Carta case at the Supreme Court


SM
In an unprecedented turn of event, the Philippine Public Health Association (PPHA) filed a class suit for Prohibition and Certiorari on Magna Carta before the Supreme Court against the Department of Health (DOH), Department of Budget and Management (DBM) and Civil Service Commission (CSC). The legal battle was commenced last May 31, 2013.

The case arose from the issuance of DBM-DOH Joint Circular No. 1 s. 2012 and CSC-DBM Joint Circular s. 2012 Said circulars were issued as of November 29, 2012 and September 9, 2012, respectively.

DBM-DOH Joint Circular No. 1 s. 2012 is otherwise known as “Rules and Regulations on the Grant of Compensation-Related Magna Carta Benefits to Public Health Workers (PHWs)” while CSC-DBM Joint Circular s. 2012 is known as the “Rules and Regulations on the Grant of Step Increment/s Due to Meritorious Performance and Step Increment Due to Length of Service”.