New Decrees

Title

New Decrees

Language

English

Source

The Republic I (6) 1-31 December 1975

Year

1975

Subject

Law -- Philippines

Rights

In Copyright - Educational Use Permitted

Fulltext

THE REPUBLIC 11 Laws 1-31 December 1975 13 Pay scale of exec* LETTER of Instructions 345 ordered , salary increases for government posi tions covered by the Wage and Position Classification Office (WAPCO) of the Budget Commission. The order includes government positions under the Career Executive Service. The President directed the budget commissioner, the Civil Service Commis sion chairman and the Commission on Audit Chairman to increase salaries ac cording to the following guidelines: 1) 4 to 6 ranges for technical positions, 3 ranges for teaching positions and 3 ranges for teaching positions, labor, trades, crafts, clerical and sub-profes sional positions; 2) increases in the salaries of the CES shall be in accordance with the approved Compensation Scheme for the service, to be initially imple mented to the extent of 30 percent of the increase indicated scales. PD 847 adopts a Compensation Scheme for CES members. Salary increases are effective Jan uary 1, 1976. For members of the Career Exec utive Service Board, the President or dered the adoption of a Compensation Scheme through Presidential Decree 847 dated December 16, 1975. The Career Executive Service, created under Presidential Decree No. 1 (Integrated Reorganization Plan), is intended “to form a continuing pool of well-selected and development oriented career ad ministrators who shall provide compe tent and faithful service.” Under the decree, the President upon recommendation of the Career Executive Service Board, will issue orig inal and promotional appointments to the appropriate rank, grade and salary in the service. As a general rule, according to PD 847, the salaries of CES officers shall start at Grade 2 of the corresponding rank in the Compensation Scheme, while those of the incumbents and of the new appointees to positions, who are not officers, shall start at Grade 1 of the corresponding rank. The decree, however, provides that subsequent salary increases and/or rank promotions may be granted to incum bents who are not CES members only after satisfactory completion of the CES Development Program and after compliance with such requirements as the board may set. PD 847 provides that nothing in the decree shall reduce any salary received by any incumbent of any CES position, as a result of the implementation of the Compensation Scheme, except that the salary of his successor shall be in con formity with the scheme. In appointments to the CES of individuals possessing specialized skills and exceptional talent, the President may authorize a salary higher than the salary provided for in the scheme. Under PD 847, the Compensation Scheme shall govern salaries of all exist ing positions within the CES, of all positions that may be created within the CES, and of all positions as determined to be of the same category by the CESB. 13-month bonuses PRESIDENT Marcos, through PD 851 December 16 ordered payment of a 13-month instead of 12-month annual salary for all workers receiving less than Pl,000 a month. It takes effect from December 22, 1975. For purposes of 13-month pay for 1975, it applies to those who were em ployees as of December 16, 1975. Ac cording to Department of Labor regula tions implementing PD 851: 1. All employers covered by PD 851 shall pay to eligible employees the thirteenth-month pay not later than Decem ber 24 every year. 2. “Thirteenth-month pay” means one twelfth of the basic salary of an em ployee in a calendar year. 3. “Basic salary” includes all pay ments made by an employer to an em ployee for services rendered but may not include cost-of-living allowances granted pursuant to PD 525 of LOI 174, profitsharing payments, and all allowances and monetary benefits not considered part of the regular or basic salary at the time of the promulgation of PD 851. 4. The decree does not apply to: a) Distressed employers, such as (1) those currently incurring substantial los ses or (2) non-profit institutions and organizations, whose income, from do nations, contributions, grants and other earnings from any source, has consistent ly declined by more than 40 percent of their normal income for the past 2 years; b) The government and any of its political subdivisions, including govern ment-owned and controlled corporations, except corporations operating essentially as private subsidiaries of the government; c) Employers already paying their employees 13-month pay or more in a calendar year or its equivalent at the time of this issuance; The term “its equivalent” used here includes Christmas bonus, mid-year bonus, profit-sharing payments and other cash bonuses amounting to not less than one-twelfth of the basic salary, but not cash and stock dividends, cost of living allowances and all other allowances regularly en joyed by the employee. If an employer pays less than one-twelfth of the em ployee’s basic salary, the employer shall pay the difference. d) Employers of household helpers and persons in the personal service of another in relation to such workers. e) Employers of those paid purely on commission, boundary, or task basis, and who are paid a fixed amount for per forming a specific work, irrespective of the time consumed in the performance thereof, except where the workers are paid on piece-rate basis in which case the employer shall be covered by this issuance insofar as such workers are concerned. Workers paid on a piece-rate basis are those paid a standard amount for every piece or unit or work produced that is more or less regularly replicated, without regard to the time spent in producing the same. 5. All employees of covered em ployers are entitled to the benefit if they are not receiving more than Pl ,000 a month, regardless of their position, designation or employment status, and irrespective of the method by which their wages are paid, provided that they have worked for at least one month during the calendar year. 6. A covered employer may pay one-half of the 13-month pay before the opening of the regular school year and the other half on or before the 24th day of December of eVery year. If an estab lishment contains a recognized union, the periodicity or frequency of payment of the 13th month pay may be tire sub ject of agreement. 7. The decree does not prevent employers from giving the benefits it stipulates to employees receiving more than one thousand pesos a month or benefits higher than those provided by the decree. 8. The benefits granted by the de cree should not be credited as part of the regular wage of the employees for purposes of determining overtime and premium pay fringe benefits, as well as premium contributions to the State In surance Fund, social security, medicare, private welfare and retirement plans. 9. Distressed employers shall qualify for exemption if authorized by the Sec retary of Labor. Petitions for exemp tions may be filed with the nearest regional office having jurisdiction over the employers not later than January 15, 1976. 10. Every covered employer shall make a report to the nearest regional labor office not later than January 15 of each year. The report shall contain: a) name of establishment; b) address; c) principal product or business; d) total employment; e) total number of workers benefited; f) amount granted per em ployee; g) total amount of benefits granted; h) name, position and tel. no. of person giving information. 11. Non payment of the 13-month pay shall be treated in the same way as money claims cases and shall be proces sed according to the Labor Code and the rules of the National Labor Relations Commission. 12. The decree does not authorize any employer to eliminate, or diminish in any way, supplements, or other em ployee benefits being enjoyed by the employee at the time of promulgation of the decree or the regulations. Two towns abolished B ASILAN CITY and two other towns of Basilan province were abolished by Pres ident Marcos through Presidential De cree No. 840 “to render its territorial partition more responsive to the peace, rehabilitation and total development of the area.” The capital of the province has been transferred to the municipality of Isa bela. Basilan province still comprises the whole island of Basilan and other ad jacent island. Under the decree, Basilan province has now seven municipalities, namely: 1. Isabela, which will occupy areas covered by the former city of Basilan and by the towns of Isabela and Malajnawi; 2. Lantawan, which will cover its present area and that of the former mu nicipality of Pilas; 3. Sumisip, which will occupy its present area and the former municipality of Tapiantana; 4. Maluso; 5. Tipo-Tipo; 6. Lamitan;and 7. Tuburan. Thev Regional Commissioner of Re gion IX is authorised under the decree to reappoint and reassign provincial and municipal government employes. He is also authorized to recommend to the President the reappointment and reas signment of incumbent elective officials so that the governmental framework will remain unimpaired and effective. Employes of the national govern ment assigned in Basilan province will be reappointed or reassigned according to the provisions of the law. To carry out its purpose, PD 840 appropriates an initial Pl.7 million from funds in the National Treasury not yet appropriated; Helping the courts UNDER Presidential Decree No. 828 dated November 19, President Marcos formed an Office of the Court Adminis trator (OCA) in the Supreme Court to assist the high court in the exercise of its administrative supervision over all courts. Under Article X, Section 6 of the new Constitution, the administrative su pervision over all courts has been trans ferred from the Department of Justice to the Supreme Court. The new office will be headed by a court administrator and will have three deputy court administrators. The ad ministrator shall have the same rank privileges and compensation and quali fication as the presiding justice of the Court of Appeals while the deputy ad ministrators will have the same ranks as the associate justices of the Appeals Body. The Supreme Court shall deter mine and define the powers, functions and responsibilities of the court admintrator and his deputies. It shall also create such- offices, services, divisions and other units in the OCA as it may deem necessary. For this purpose, the chief justice is authorized to adopt and carry out the corresponding staffing patterns. The court administrators of the new office in the Supreme Court shall be appointed by the Chief Justice of the high tribunal and shall serve until they reach the age of 65 years or become incapacitated to discharge the duties of their office. However, these administra tors may be removed or relieved for just cause by a vote of not less than eight justices of the Supreme Court. The new decree also provides that the chief justice may appoint or detail any member of the judiciary with the proper qualifications to the position of court administrator or deputy court ad ministrator. It, however, provides that any member of the judiciary so appoint ed or detailed shall not be deemed to have relinquished his judicial position, nor lost his seniority, precedence, ben efits and other privileges. PD 828 provides that the position titles and salaries of personnel shall be in accordance with the Judiciary Position Classification and Pay Plans. The salaries of the court administrator and his de puties shall not be decreased during their continuance in office. Until otherwise provided by law, however, their salaries shall be P56,000 and P52,400 each, respectively. All subordinates, officials and em ployees to be appointed under PD 828 shall belong to the classified service and shall be governed by the Civil Service Law, except those whose positions are highly technical or primarily confiden tial. To carry out its purposes, PD 828 appropriates an initial sum of P2.000,000. The appropriations for succeeding fiscal years shall be included in the An nual General Appropriations Decree. □

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