Case Digest (G.R. No. L-22958)
Facts:
In Ang Nars Party-List and Public Services Labor Independent Confederation v. The Executive Secretary, G.R. No. 215746 (8 October 2019), petitioners Ang Nars Party-List, represented by Congresswoman Leah Primitiva G. Samaco-Paquiz, and PSLINK, represented by Annie E. Geron, challenged Section 6 of Executive Order No. 811 (17 June 2009). They sought to compel implementation of Section 32 of Republic Act No. 9173 (approved 21 October 2002), which mandates a minimum base pay of Salary Grade 15 for public-sector nurses. Petitioners traced non-implementation to Joint Resolution No. 4 (approved 28 July 2008), which authorized modification of the Compensation and Position Classification System, and Executive Order No. 811, which set “Nurse I” at Salary Grade 11. After receiving unsatisfactory replies from the Department of Health, the Department of Budget and Management, and the Department of Justice, petitioners filed a petition for certiorari and mandamus under Rule 65 before theCase Digest (G.R. No. L-22958)
Facts:
- Statutory Background
- Republic Act No. 9173 (Philippine Nursing Act of 2002), approved 21 October 2002, § 32 mandates that the minimum base pay of nurses in public health institutions be Salary Grade (SG) 15 under RA 6758.
- Senate and House Joint Resolution No. 4 (JR 4), approved 28 July 2008 and enacted by the President on 17 June 2009, authorized the President “to Modify the Compensation and Position Classification System…” JR 4 § 16 expressly amended or repealed inconsistent provisions of various laws, including RA 9173.
- Executive Order No. 811 (E.O. 811), issued 17 June 2009 to implement JR 4, § 6 raised Nurse I and Teacher I from SG 10 to SG 11 (rather than SG 15), and directed DBM/CSC to review other positions.
- Administrative Correspondence
- 21 May 2014: Rep. Samaco-Paquiz (Ang Nars Party-List) wrote DOH and DBM inquiring why § 32 RA 9173 (SG 15) had not been implemented.
- 27 May 2014: DOH (Sec. Ona) and DBM (OIC Macaranas) replied that staffing and compensation were governed by DBM guidelines and a 2009 salary survey, that SG 11 entry level for nurses was justified, and that SG 15 would distort inter‐professional hierarchies and strain the budget.
- 22 October 2014: DOJ (Sec. De Lima) declined a legal opinion, deferring to DBM’s jurisdiction over position classification.
- Petition for Certiorari and Mandamus
- Petitioners:
- Ang Nars Party-List, represented by Rep. Leah Primitiva G. Samaco-Paquiz.
- Public Services Labor Independent Confederation (PSLINK), represented by Annie E. Geron.
- Respondents: the Executive Secretary, the Secretary of Budget and Management (DBM), and the Secretary of Health (DOH).
- Prayer: to annul E.O. 811 § 6 as grave abuse of discretion and to compel implementation of § 32 RA 9173 (SG 15).
Issues:
- Did respondents commit grave abuse of discretion and exceed their authority under JR 4 by fixing Nurse I at SG 11 in E.O. 811?
- Did JR 4 amend or repeal § 32 of RA 9173?
- Can the Court compel respondents by mandamus to implement § 32 RA 9173 (SG 15)?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)