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PPHA Magna Carta Benefits Petition Partly Granted
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Previous Rules of R.A 7305 not repealed
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
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
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…)