Opinions: Secretary of Justice

Title

Language

English

Source

The Republic Volume I (Issue No.22) 1-31 December 1976

Subject

Philippines -- Department of Justice

Rights

In Copyright - Educational Use Permitted

Abstract

[This article provides the opinions of the Secretary of Justice on some cases in 1976 which are as follows: 1) On the Interpretation of "Conflict of Interest", 2) On Withholding Payment of Workmen's Compensation Award to Satisfy Debt of Claimant, 3) On Status, Rights and Benefits of Gratuity Employees, and 4) On the Authority To Appoint Personnel of the City Health Office of Davao City.]

Fulltext

1-31 December 1976 13 On Civilians in Police Agencies FACTS: Miss X was appointed APLECS Operator in the Libertad Pol ice Department, Libertad, Antique. Issue was raised as to which agency, the CSC or the Integrated N ational Police should act on the appointment in question. RULING: Pursuant to Paragraph 5 (d), Article II, Chapter I, Part XX of the Integrated Reorganization Plan, the func tion to attest appointments heretofore vested in this Commission is transferred to the National Police Commission in sofar as officers and members of the local police forces are concerned. This function of the National Police Commis sion has been expanded to include ap pointments of firemen and jailguards pursuant to Presidential Decree No. 765 and Civil Service Commission Memoran dum Circular No. 11, issued on Septem ber 5, 1975. It should be noted that the law is explicit that the authority of the NAPOLCOM to act on appointments refers only to those extended to officers and members of the local police forces, firemen and jailguards but it does not include appointments of civilian and other administrative employees in the local police and fire departments. It appears that the position of APLECS Operator in the Libertad Police Department to which Miss X is being appointed, does not involve police func GcM'T PRIVATE On the Interpretation of "Conflict of Interest" QUERY: National Economic and De velopment Authority Director Gen eral Gerardo P. Sicat requests opinion on whether his acceptance of a director ship in certain private corporations in debted to government financial institu tions would constitute “a conflict of in terest,” considering that he is a mem ber of the Monetary Board and the Na tional Economic and Development Au thority (NEDA). OPINION: The Secretary has, in several occasions, already ruled that the “interest” adverted to in the prohibi tions contained in the Anti-Graft and Corrupt Practices Act (Sec. 3 (h) and (i), RA No. 3019) refers to interest of a personal or private character; and that the legal injunction, though apparently comprehensive and unqualified, should be confined to cases which exhibit con flict between public and private inter ests. The rationale behind these statu tory restrictions is that no public offi cer ought to be permitted, in respect to a matter confined to his official care, to tions such as the preservation of peace and order, the prevention of the com mission of crimes, or the protection of life, liberty or property, among others. Hence, her appointment as such may now be acted upon by that Office sub ject to the requirements of the Civil Ser vice Law and Rules. Basis: CSC 2nd Indorsement dated August 20, 1976 On Holding CS and SB Positions OFFICIALS AND EMPLOYEES IN THE CIVIL SERVICE WHO AC CEPTED MEMBERSHIP IN THE SANG GUNIANG BAYAN MAY LOSE CIVIL SERVICE POSITIONS IF THEY FAIL TO EXERCISE OPTION TO CHOOSE WHICH POSITION THEY DESIRE TO RETAIN The Manager, Local Government Audit, Commission on Audit, has raised the issue on whether Mr. Pablo M. Amansec, Barangay Affairs Coordinator, Office of the Mayor, Baguio City, whose permanent appointment was approved on July 1, 1975, under Section 24 (b) of Republic Act No. 2260, as amended, may simultaneously hold the position of member, Sangguniang Bayan, and collect the emoluments attached to both positions. Otherwise stated, the issue is whether the payment of emoluments to Mr. Amansec as member of the Sanggu niang Bayan is a violation of the consti tutional prohibition (Section 5, Article XIV, the Constitution) and Section 46 of Presidential Decree No. 807 against double compensation. In a decision of the Civil Service Commission promulgated on Septem ber 16, 1976, the Commission considers entertain two conflicting loyalties—one, public and official; the other, private and personal—since experience has shown that where private interests clash ■with The requirement of public duty, man is disposed to succumb to the im peratives of self interest. In the present case, Mr. Sicat sits as a director in the private corporation in order to represent the interests of the government financial institutions which are creditors of said corporations, not his own private holdings. Hence, there is no conflict of interests to speak of. Source: Sec. of Justice Op. No. 127, Series of 1976, Letter dated July 5, 1976. On Withholding Payment of Work men's Compensation Award to Satisfy Debt of Claimant QUERY: The Director of National Library requests opinion on wheth er his Office may withhold payment of the money value ot the Workmen’s Compensation Commission’s award to Mrs. Milagros Mercado, former employ ee, until she settles her debt to com plainant. FACTS: Mrs. Mercado, due to pro longed absence on account of illness, was separated from the service on Dec ember 18, 1974. Consequently, she was granted disability benefits under Section 11(c) of Commonwealth Act No. 186, as amended (GSIS Charter), and also was awarded compensation benefits by the Workmen’s Compensation Commis sion. While she was still employed in in the National Library, an administra tive case was filed against her by one Josefina C. Gomez for non-payment of debt. This case remained unresolved on the date of Mrs. Mercado’s separation for which reason said Office had opined it “has lost jurisdiction over the person of the respondent.” Complainant Gom ez requested said Office to withhold payment of Mrs. Mercado’s WCC award until the said debt is settled. OPINION: If only on this ground that said Office has lost jurisdiction ov er Mrs. Mercado on account of her se paration from the service (since the dis pute has become a private matter), the Secretary doubts whether the National Library may entertain to withhold pay ment of the WCC benefits due her. Let alone that a government office should positions in the Sangguniang Bayan as political in nature in the sense that when one is elected or becomes a mem ber of the Sangguniang Bayan, he as sumes a membership in a political or ganization and thus involves himself in political organization and political activ ities. Mere membership therein or candi dacy for an elective office constitutes political activity within the contempla tion of Section 14 (b), Civil Service Rule XVIII, and is also prohibited under Sec tion 29 of Republic Act No. 2260, as amended, which reads: “Officers and employees in the Civil Service whether in the competitive or classified service (now career or non career service) shall not engage directly or indirectly in partisan political activi ty or take part in any election except to vote, xxx.” The same provision, needless to say, is found in the New Constitution (Sec not allow itself to be used as a collect ing agency of a private creditor. Besides, the WCC benefits due her cannot be withheld to satisfy the same in view of the provisions of Section 35 of the Workmen’s Compensation Act No. 3428, as amended, that “no claim for compensations under this Act is transferable, and all compensations or rights to compensation shall be exempt from creditor’s claims.” Source: Sec. of Justice Op. No. 126, Series of 1976, Letter dated July 2, 1976. On Status, Rights and Benefits of Gratuity Employees QUERY: Opinion is requested regard ing “the status, rights and benefits” of “gratuity employees” of the Central Luzon Sanitarium, particularly on the following questions: “1. What is the status of the Sani tarium gratuity employees as employees of the Philippine government? “2. Are they entitled to the rights, benefits and privileges of government employees who are affiliated with the Government Service Insurance System? “3. If they are not entitled, what are the rights and benefits to which they are entitled under existing laws and regulations?” FACTS: The Law authorizing the employment of “gratuity employees” is found in Item 22, Special Provisions of the Appropriations Decree for the current fiscal year (P.D. No. 733) for the Office of the Secretary of Health which reads: “22. Use of savings.—Any savings in the appropriation authorized for the Department of Health may, subject to the approval of the President, be used for: xxx xxx xxx part of their rehabili tation and therapy at the rate of Pl per patient per day in an amount not ex ceeding P100,000.” OPINION: The Secretary observes that the employment from time to time of such employees is being authorized pursuant to the above provision as part of their rehabilitation and therapy, and therefore essential to their treatment as patients of the Central Luzon Sanitari um. If follows that they remain hospital patients not yet fully recovered from the illness warranting their confinement, for which reason they may not be con tion 5, Article XII-B), which states that: “No officer or employee in the Civ il Service including members of the arm ed forces shall engage directly or indi rectly in partisan political activity or take part in elections except to vote. Thus, in Resolution No. 146, series of 1976, it ruled that officials and em ployees appointed in the Civil Service cannot concurrently hold positions in the Sangguniang Bayan, whether such positions be in the Sangguniang Panlalawigan, Panglungsod or Pambayan. Con sequently, any government officer or employee shall be considered resigned from his appointive position a? of the moment he accepts membership in the Sangguniang Bayan. Thus, Mr. Pablo Amansec may not simultaneously hold a civil service posi tion, that of Barangay Affairs Coordi nator, Office of the Mayor, and the pol itical position of Member, Sangguniang Bayan, collecting emoluments attached to both positions. For reasons ef equity, however, and because of the understand able legal complexity of the problem, it is but proper and just for civil service employees in the career ranks who have accepted membership in the Sangguniang Bayan to be afforded the opportunity to choose which position they desire to retain. Thus, Mr. Amansec is given the option to decide within thirty days from receipt thereof, which of the two positions he would prefer to retain. Other officials and employees similar ly situated are given the period of thirty days from the circularization of this decision. Basis: CSC Decision dated Septem ber 16,1976, AMANSEC, Pablo □ sidered as regular employees in the Civil Service, whether in the career or non career service as defined in the new Civil Service Decree and in the Integrated Reorganization Plan. This renders the other questions moot to pass upon. Regarding membership in the Gov ernment Service Insurance System, the System may nonetheless refuse to insure any government employee who does not pass the medical examination conducted by it, the Secretary adds. Source: Sec. of Justice Op. No. 120, Series of 1976, 2nd Indorsement, dated June 20, 1976. On the Authority To Appoint Per sonnel of the City Health Office of Davao City QUERY: “Whether it is the City Ma yor of Davao or the Director of Regional Health Office No. 11 in Davao City, who has the power to appoint per sonnel of the Cith Health Office of Da vao City.” OPINION: That the Secretary of Health is, under existing law, empowered to appoint health personnel is already a settled matter, and it has in fact been the subject of a circular dated Novem ber 19, 1973 of the Civil Service Com mission, based on an opinion of the Department of Justice dated November 17, 1970. In answer to various queries, it (the Department of Justice) has consistently ruled that “officials and employees of provincial and city health offices under 'service are officials and employees of the Bureau of Health and they are for that reason not local but national employ ees.” The only city health office so far found by this Office to be a deviation from this rule is that of Cebu City by reason of “a combination of special cir cumstances present in the case”. Under R.A. No. 4405, the positions of the personnel of the provincial and city health offices (assistant health offi cers, sanitary inspectors, nurses and mid wives) have been “nationalized”, there by leaving no doubt as to their being employees of the national government and therefore appointees of the Secre tary of Health, pursuant to Section 79 (D) of the Revised Administrative Code. Source: Sec. of Justice Op. No. 140, S. 1976 7th Indorsement, dated July 14, 1976. □

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