Previous rules of R.A 7305 not repealed

Toist Place in Cebu
Did DBM-DOH Joint Circular no. 1, s. 2012 passed by the Department of Budget and Management and Department of Heath effectively repeal the Revised Implementation Rules and Regulations of R.A 7305? Legally speaking, I don't think so. It is because of the expiration of time of passing the rules and regulations on categorization of Magna Carta Benefits under The Total Compensation Framework and the logical absence of intention stated in the said joint circular.

Joint Resolution no. 4 passed by the House of Representatives and the Senate, which was the basis of DBM-DOH Circular no. 1, provides as follows
6) Magna Carta Benefits.-Within ninety (90) days from the effectivity of this Joint Resolution, the DBM is hereby authorized to issue the necessary guidelines, rules and regulations on the grant of Magna Carta benefits authorized for specific officials and employees in the government to determine those that may be categorized in the Total Compensation Framework.

Joint Resolution no. 4 is otherwise known as " Joint Resolution Authorizing the President of the Philippines to Modify the Compensation and Classification system of Civilian Personnel and the Base Pay Schedule of Military and Uniformed Personnel in the Government and for other Purposes". It was passed by House of Representatives and the Senate last June 1, 2009 and June 2, 2009, respectively. It was approved by the Office of the President last June 17, 2009.

Whereas, DBM-DOH Circular no. 1 otherwise known as the "Rules and Regulations on the Grant of Compensation-related Magna Carta benefits to Public Health Workers" was issued last November 29, 2012. In its repealing clause, it provides:
"All existing provisions of circulars or issuances on the grant of compensation-related Magna Carta benefits to PHWs that are inconsistent with the provision of this Joint Circular are repealed or superseded accordingly.
Assuming that Joint Resolution no. 4 was made effective, by way of publication last 2009, the passage of subject Joint Circular was too late, even if the DBM-DOH Joint Circular is considered as an act of "categorizing Magna Carta benefits under the Total compensation Framework" pursuant to the Joint Resolution.

Also, due to use of the phrase both in the title and repealing clause of the DBM-DOH Joint Circular of "grant of compensation-related Magna Carta benefits", it becomes clear that it is granting the compensation-related Magna Carta benefits, in addition to the Magna Carta benefits, which were not re-categorized under the Total Compensation Framework, within ninety (90) days after the effectivity of Joint Resolution no. 4.

Since, there was no rules and regulations previously passed by DBM and DOH on "grant of compensation-related Magna Carta benefits, then it follows that the subject DBM-DOH Joint Circular did repeal nothing, as there was no compensation-related Magna Carta benefits prior to the issuance thereof.

Joint Resolution no. 4 merely granted the Office of the President to issue rules and regulations on the grant of Magna Carta benefits "to determine those that may be categorized in the Total Compensation Framework" not the authority to grant "per se" the Compensation-related Magna Carta benefits, as there was no determination/categorization yet of Magna Carta benefits as compensation-related in the Total Compensation Framework that was issued by DBM pursuant to the Joint Resolution.

Therefore. above premises considered, DBM-DOH Joint Circular no. 1, s. 2012 did not effectively repeal the Revised Implementation Rules and Regulation of R.A 7305.

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