In case, the Local Government Unit (LGU) is about to exceed the budgetary Personal Services (PS) Limitation, is there an alternative remedy for devolved public health workers (PHWs) to get salary increase, at par with their national counterpart? This PS limitation is provided under Section 325 of R.A 7160, otherwise known as the Local Government Code of 1991. It states, as follows:
Section 325.General Limitations. – The use of the provincial, city, and municipal funds shall be subject to the following limitations:
(a) The total appropriations, whether annual or supplemental, for personal services of a local government unit for one (1) fiscal year shall not exceed forty-five percent (45%) in the case of first to third class provinces, cities and municipalities, and fifty-five percent (55%) in the case of fourth class or lower, of the total annual income from regular sources realized in the next preceding fiscal year. The appropriations for salaries, wages, representation and transportation allowances of officials and employees of (more…)
A major issue in devolved health facilities, e.g, devolved hospitals and Rural Health Units (RHUs), concerns the personal services (PS) limitation being applied to them pursuant to Section 325 (a) of R.A 7160, otherwise known as the Local Government Code of 1991. This is invoked by majority of budget officers from the local government units (LGUs), thereby likewise limiting the capability of the local government units, in terms of health manpower requirements, to serve the health needs of constituents. Also, it is seemingly supported by some circular issued by Department of Budget and Management, e.g, Local Budget Circular no. 98, issued last October 14, 2011, which is a 180 degrees turn-around stand on the matter, in view of the previous favorable issuance, e.g, concerning public health workers (PHW) benefits under RA 7305, otherwise known as the Magna Carta for Public Health Workers, which exempts local health personnel from its coverage. (more…)
In G.R. No. 207145, the Supreme Court (SC) en banc ruled on the petition on Magna Carta benefits filed by the Philippine Public Health Association, Inc (PPHAI) against the Department of Budget and Management (DBM), Department of Health (DOH) and the Civil Service Commission (CSC).
The petition, which was decided on July 28, 2015 as partly meritorious, concerns the issues on hazard pay, longevity pay and subsistence allowance under DBM-DOH Joint Circular no. 1 dated November 29,2015 and step increment due to length of service under item 6.5 of DOH-CSC Joint Circular dated September 3, 2012. It was filed last May 31, 2013.
While the Court en banc found the (more…)
What is the relation of Republic Act no 8172 to R.A 9711? And how should the circular of the Department of Health vis-a-vis any issuance of the Food and Drugs Administration concerning the issue be interpreted.
The former law is known as Asin law or “An Act Requiring Salt Iodization Nationwide and for related purposes”. The latter is FDA Act of 2009 or “An Act Strengthening and Rationalizing the Regulatory Capacity of the Bureau of the Bureau of Food and Drugs (BFAD) by Establishing Adequate Testing Laboratories and Field Offices, Upgrading its Equipment, Augmenting its Human Resource Complement, Giving Authority to Retain its Income, Renaming it to Food and Drugs Administration (FDA), Amending Certain Sections of (more…)
Is 100% salary increase under Joint Resolution No. 4 not applicable to devolved health workers? To better understand the controversy on the implementation of salary increase under the law, the following antecedent facts may be reviewed.
Under Republic Act no. 7160, basic health services were devolved to the LGUs, more specifically:
1) to the municipalities – the implementation of programs and projects on primary health care, maternal and child care, and communicable and non-communicable disease control services, access to secondary and tertiary health services; purchase of medicines, medical supplies, and equipment needed to carry out the services herein enumerated; (more…)
The Department of Health (DOH) recently issued the guidelines for price freeze of medicines during disasters and emergencies.This is pursuant to Republic Act no. 7581 or “An Act Providing protection to Consumers by Stabilizing the Prices of Basic Necessities and Price Commodities and by Prescribing Measures Against undue Price Increases during Emergency Situation and like Situations”.
The new guidelines under DOH Administrative Order no. 2014-0001 dated January 1, 2014 was issued to guide consumers, hospitals, private and public drug outlets, other health care facilities and other government entities on the ethical prices of medicines during states of national calamities and emergencies.
Under the nine-point implementing guidelines, upon declaration of state of calamity by the President, (more…)
Due to adopted practices of some hospitals and clamor for approval for a divergent work schedule, Department of Health (DOH) issued Department Circular no. 2013-0423 prescribing for guidelines on allowing two (2) work shift duty for nurses in hospitals. Under the previously issued AO no. 2012-0012, hospitals are to maintain the 1:12 nurse to bed ratio on a three (3) work shifts in twenty four (24) hours.
This circular is a modification of the latter or the “Rules and Regulations Governing the New Classification of Hospitals and Other Health Facilities in the Philippines”.
Under the new guidelines, the two work shift schedule is only applicable to general nursing (more…)
The Mexico City “voluntary codes of business ethics” was recently adopted by Food and Drugs Administration. Under FDA Circular no. 2013-024, dated September 5, 2013, ethical violations are grounds for filing appropriate administrative charges and/or imposition of administrative sanctions such as, but not limited to, imposition of fines, suspension, cancellation or revocation of any license, permit or registration issued by FDA.
The circular was issued as a result of the 17th APEC Small and Medium Enterprise (SME) Ministerial Meeting, where the “The Mexico City Principles” was endorsed. The principles aim to: