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 in 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 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 issuance 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compensation-related Magna Carta benefits to PHWs that are inconsistent with the provision of this Joint Circular are repealed or superseded accordingly.
Correlation of Joint Resolution and Joint Circular
Assuming that Joint Resolution no. 4 was made effective last 2009, the passage of the 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 categorized under the Total Compensation Framework, within ninety (90) days after the effectivity of Joint Resolution no. 4.
Since, no administrative rules and regulations was 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 a new Compensation-related Magna Carta benefits “per se”. And as of now, DBM has not issued yet the rules and regulations “determining those Magna Carta benefits that may be categorized as compensation-related in the Total Compensation Framework pursuant to the Joint Resolution.
Foregoing premises considered, the previous Revised Implementing Rules and Regulations of R.A 7305 was not repealed by DBM-DOH Joint Circular no. 1, s. 2012.