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Is salary increase for devolved PHWs possible despite the PS limitation?
Maxi and flowering plants
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…)
PPHA Magna Carta Benefits Petition Partly Granted
PPHA Convention
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…)
Previous Rules of R.A 7305 not repealed
Ministop Store
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 (more…)
Legal Battle on Magna Carta
Magna Carta in SM Cebu
In an unprecedented turn of event, the Philippine Public Health Association or 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 (more…)
The rules on transfer of PHWs
In the Park
What is the legal effect of filing of an appeal by a public health worker or 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 relevant rules on the matter?
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 (more…)
Effects of other laws on R.A 7305
The Old House
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. (more…)
Duties and Obligations of PHWs
under repair
Aside from the general principles and the values required from public health workers, the Code of Conduct for Public Health Workers prescribes their fourfold duties and obligations, to wit:
· To Clienteles:
- Attend to clients faithfully and conscientiously and strive to provide them with all the possible benefits from his/her knowledge and skills.
- Serve at all times all people in his/her area of jurisdiction without discrimination.
- Exercise good faith and honesty in the discharge of his/her duties and responsibilities especially in disseminating information to clients and their families.
- Observe confidentiality on matters related (more…)
The Ethics for Public Health Workers
Sailing at the sea
Republic Act 7305 referred to as the Magna Carta of Public Health Workers prescribes the ethical standards for public health workers, in addition to Magna Carta benefits. Under Section 14 of R.A 7305, the Secretary of Health, upon consultation with other appropriate agencies, professional and health worker’s organization, was tasked to formulate and prepare a Code of Conduct for Public Health Workers.
The Code of Conduct was promulgated on November 1999,more or less, seven (7) years after the law was passed.The Code of Conduct adopted the following general principles:
- The primary essence of public health is service to mankind. Financial gain is merely a (more…)
Health Laws And Places 