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consistent with applicable laws and regulations. The task of the DBM is
simply to review the compensation and benefits plan of the government
agency or entity concerned and determine if it complies with the prescribed
policies and guidelines issued in this regard. Thus, the role of the DBM
is supervisorial in nature, its main duty being to ascertain that the proposed
compensation, benefits and other incentives to be given to [government]
officials and employees adhere to the policies and guidelines issued in
accordance with applicable laws.
As such, the authority of the DBM to review Supreme Court issuances
relative to court personnel on matters of compensation is limited by the
provisions of the Constitution, specifically Article VIII, Section 3 on fiscal
autonomy and Article VIII, Section 6 on administrative supervision over court
personnel. Fiscal autonomy means freedom from outside control.
Clearly then, in downgrading the positions and salary grades of SC Chief
Judicial Staff Officer and SC Supervising Judicial Staff Officer in the PHILJA,
the DBM overstepped its authority and encroached upon the Courts fiscal
autonomy and supervision of court personnel as enshrined in the
Constitution; in fine, a violation of the Constitution itself.
EN BANC
Re: Clarifying and Strengthening A.M. No. 01-1-04-SC-PHILJA
The Organizational Structure and
Administrative Set-Up of the Present:
Philippine Judicial Academy
PANGANIBAN, C.J.,
PUNO,
QUISUMBING,
YNARES-SANTIAGO,
SANDOVAL-GUTIERREZ,
CARPIO,
AUSTRIA-MARTINEZ,
CORONA,
CARPIO MORALES,
CALLEJO, SR.,
AZCUNA,
TINGA,
CHICO-NAZARIO, and
GARCIA, JJ.
Promulgated:
January 31, 2006
x--------------------------------------------------x
R E S O LUTIO N
CALLEJO, SR., J.:
The instant administrative matter has its roots in the Resolution of the Court
promulgated on February 24, 2004, clarifying and strengthening the organizational
structure and administrative set-up of the Philippine Judicial Academy (PHILJA).
[1]
Pursuant to said resolution, the positions of SC Chief Judicial Staff
Officer andSupervising Judicial Staff Officer with Salary Grades (SG) 25 and
23, respectively, were created in the following Divisions of the PHILJA:
Publications Division, and External Linkages Division (Research, Publications and
Linkages Office); Mediation Education and Management Division (Judicial
Reforms Office); Corporate Planning Division, and Administrative Division
(Administrative and Finance Office).
However, in its Notice of Organization, Staffing, and Compensation Action
(NOSCA) dated May 5, 2005, the Department of Budget and Management (DBM)
downgraded said positions and their corresponding salary grades, as follows:
Position Title/SG per
A.M. No. 01-1-04-SC
SC Chief Judicial Staff
Officer/SG 25
Supervising Judicial Staff
Officer/SG 23
Remarks
Title downgraded and
SG reduced
Title downgraded and
SG reduced[2]
Thereafter,
in
a
Memorandum
addressed
to
then
Chief
Justice Hilario G. Davide, Jr. dated October 10, 2005, PHILJA Chancellor,
Justice Ameurfina A.Melencio-Herrera, requested the Court to issue another
resolution retaining the position titles and salary grades of SC Chief Judicial Staff
Officer and Supervising Judicial Staff Officer, in light of the NOSCA issued by the
DBM downgrading said positions. Chancellor Melencio- Herrera invoked the
Courts Resolution ofNovember 21, 1995 (Re: Requests for Upgrading of the
Positions of Chief Justice Staff Head, Judicial Staff Head, Director IV [Chief,
Fiscal Management and Budget Office], Director III, Chief of Division and
Assistant Chief of Division with corresponding change in Position Titles, if
Warranted),[3] which she alleged the DBM violated by such downgrading.
According to the PHILJA Chancellor, to allow the DBM to disregard such
resolution would undermine the independence of the Judiciary and impinge on the
Supreme Courts exercise of its fiscal autonomy expressly granted by the
Constitution.
Upon the recommendation of the Office of Administrative Services, the
Court issued a Resolution on November 8, 2005, resolving to deny the request of
Justice Ameurfina A. Melencio-Herrera for the issuance of another resolution
retaining the position titles and salary grades of SC Chief Judicial Staff Officer
(SG 25) and Supervising Judicial Staff Officer (SG 23), as the resolution dated 5
July 2005 will suffice.
In compliance with the Courts Resolution dated October 18, 2005 referring
the Memorandum of Justice Melencio-Herrera for evaluation, report and
recommendation, Atty. Edna E. Dio, Office of the Chief Attorney, submitted her
Report dated December 1, 2005. She recommended that the Court reiterate its July
5, 2005 Resolution (retaining the originally proposed titles and salary grades of the
positions of SC Chief Judicial Staff Officer [SG 25] and Supervising Judicial Staff
Officer [SG 23]). She, likewise, recommended that the DBM be directed to
implement the Courts Resolutions of February 24, 2004 and July 5, 2005, as it
(DBM) had no authority to revise a Resolution of this Court issued in the exercise
of its constitutional mandates of fiscal autonomy and administrative supervision
over court personnel.[4]
We sustain the recommendation of Atty. Dio.
Indeed, the primary role of the DBM is to breathe life into the policy behind
the Salary Standardization Law of providing equal pay for substantially equal work
and to base differences in pay upon substantive differences in duties and
been called by the DBM may the Court amend or modify its resolution, as its
judgment and discretion may dictate under the law.
In this instance, the change of two position titles was made apparently to
conform to position titles indicated in the personnel services itemization for all
government positions, clearly oblivious of the fact that positions in the Judiciary
are peculiar only to that branch of government. It appearing that the salary grades
of 25 and 23 are proper positions equivalent to those of SC Chief Judicial Staff
Officer and Supervising Judicial Staff Officer, respectively, under the Salary
Standardization Law, and that the Court prescribed those position titles only after
consideration of the nature of work and functions that the holders of those
positions must perform, there is no reason to amend the Resolutions of 24
February 2004, and of 5 July 2005, so as to reflect the position titles and salary
grades stated in the NOSCA for the same positions.[12]