Case Summary (G.R. No. 166554)
Applicable Law and Regulatory Framework
– Republic Act No. 7305 (“Magna Carta of Public Health Workers,” 1992) grants PHWs hazard allowance, subsistence allowance and longevity pay. Section 35 mandates that the DOH Secretary, after consultation with government agencies and health‐workers’ organizations, issue implementing rules and regulations (IRR) to take effect 30 days after publication.
– In July 1992 and November 1999, the DOH promulgated the IRR and a Revised IRR, prescribing eligibility criteria and minimum rates: hazard pay at least 25% of basic salary for SG-19 and below (5% for SG-20 and above), subsistence allowance of at least ₱50/day (₱1,500/month) and longevity pay at 5% of basic pay per five years of service.
– Senate–House Joint Resolution No. 4 (2008/approved 2009) authorized the DBM, in coordination with concerned agencies, to “rationalize” compensation‐related Magna Carta benefits and dispense with prior consultative functions.
– DBM–CSC Joint Circular No. 1, s. 2012 (Sept. 3, 2012) prescribed rules on step increments due to merit and length of service, providing that those already granted longevity pay under existing law become ineligible for length‐of‐service step increments.
– DBM–DOH Joint Circular No. 1, s. 2012 (Nov. 29, 2012) detailed new qualifications for hazard pay (actual exposure to high/low risk hazards), fixed subsistence allowance at ₱50/full-time day (₱25/part-time day), and limited longevity pay to plantilla holders meeting performance and disciplinary criteria.
Issues Raised by Petitioners
- Whether respondents gravely abused discretion and violated substantive due process by:
a) Conditioning hazard pay on actual days of exposure and risk classification;
b) Fixing subsistence allowance at ₱50/₱25 without “prevailing circumstances” consultation;
c) Restricting longevity pay to plantilla positions;
d) Making the circular effective January 1, 2013, only three days after newspaper publication. - Whether DBM-CSC Circular No. 1 unduly barred longevity‐pay grantees from length-of-service step increments.
- Whether the DOH Secretary unlawfully shared rule-making power without legislated authority.
- Whether the DOH Secretary defaulted on including Magna Carta benefits in the DOH budget.
- Whether respondents issued the DBM-DOH circular sans consultation with professional and health-workers’ organizations.
Respondents’ Counterarguments
– The circulars were issued within the scope of delegated authority under the Joint Resolution and existing laws.
– They constitute quasi-legislative and administrative actions, not judicial or quasi-judicial functions; thus, certiorari and prohibition are improper remedies.
– The Joint Resolution granted the DBM power to “rationalize” Magna Carta benefits, including qualification, condition and rate determinations.
– Publication in a newspaper of general circulation satisfies due-process requirements.
Jurisdictional Analysis
The Court held that certiorari and prohibition under Rule 65 lie only against judicial, quasi-judicial or ministerial acts. Issuance of subordinate rules by DBM, DOH and CSC are quasi-legislative in nature, involving delegated legislative power, and thus not amenable to those extraordinary writs. Nonetheless, the Court proceeded to address the substantive validity of the circulars to resolve uncertainties over the benefits.
Substantive Review of DBM-DOH Joint Circular
– Hazard Pay Qualification: The requirement of actual exposure to high/low risk for at least 50% of working hours mirrors Revised IRR § 7.1.1.
– Subsistence Allowance Rate: Fixing ₱50/day (₱25/day for part‐time) reflects Revised IRR § 7.2.3.
– Longevity Pay Eligibility: Limiting grant to plantilla holders satisfying performance and disciplinary criteria aligns with Revised IRR § 6.3.1.
Conclusion: These provisions are consistent with, and germane to, RA 7305 and its IRR, and were issued within the agencies’ delegated authority.
Publication, Filing and Effectivity
– RA 7305 Sec. 35 requires IRR to take effect 30 days after publication and filing with the UP Law Center-ONAR.
– Interpretative regulations, which merely reiterate statutory provisions without adding new obligations or affecting substantial rights, need not comply with publication or filing requirements.
– The DBM-DOH circular is interpretative, implements pre-existing rates and qualifications, and was published in the Philippine Star on December 29
Case Syllabus (G.R. No. 166554)
Antecedent Facts
- In 1992, R.A. No. 7305 (“Magna Carta of Public Health Workers”) was enacted to enhance social and economic well-being, living/working conditions and to develop skills of public health workers (PHWs).
- Sections 20–23 of R.A. No. 7305 grant hazard allowance, subsistence allowance, longevity pay, laundry allowance, remote assignment allowance.
- Section 35 mandates the Health Secretary, after consultation with agencies and health-worker organizations, to issue rules and regulations, effective 30 days after publication.
Magna Carta of Public Health Workers (R.A. No. 7305)
- Section 20: PHWs shall receive hazard, subsistence, longevity, laundry, remote assignment allowances.
- Section 21: Hazard allowance “at least 25%” of basic salary for salary grade 19 and below; “5%” for salary grade 20 and above.
- Section 22: Full subsistence allowance of three meals, computed per prevailing circumstances determined by Health Secretary in consultation with Management-Health Workers’ Consultative Councils.
- Section 23: Longevity pay of 5% of basic pay every five years of continuous, efficient, meritorious service certified by head of office.
- Section 35: IRR to take effect 30 days after publication in a newspaper of general circulation.
Implementing Rules and Regulations
- July 1992 IRR by DOH; November 1999 Revised IRR consolidates prior issuances.
- Revised IRR provisions:
• 6.3 Longevity Pay: 5% present basic pay every five years, certified by agency head.
• 7.1.1 Hazard Pay: eligible when work exposes PHW to high/low-risk hazards ≥50% of working hours, as determined by DOH.
• 7.2.1 Subsistence Allowance: full for actual duty; per diems for out-station; may be commuted.
• 7.2.3 Rates: not less than ₱50/day (₱1,500/mo.); part-time consultants get ½ rate.
Joint Resolution No. 4 (2009)
- Enacted by 14th Congress, approved June 17, 2009 by the President to modify compensation system and base pay schedules.
- Item 6(d) provides: PHWs authorized longevity pay shall no longer be entitled to step increments due to length of service; DBM, in coordination with agencies, shall set qualifications, conditions, rates; prior consultative councils no longer exercise implementing function.
DBM-CSC Joint Circular No. 1, s. 2012 (Sept. 3, 2012)
- Prescribes rules on grant of step increments due to meritorious performance and length of service.
- Section 6.5: “An official or employee authorized to be granted Longevity Pay under an existing law is not eligible for the grant of Step Increment Due to Length of Service.”
DBM-DOH Joint Circular No. 1, s. 2012 (Nov. 29, 2012)
- 7.0 Hazard Pay: granted only for actual exposure to great danger, occupational risks, perils of life, per Sec. 21, R.A. No. 7305.
- 8.3 Subsistence Allowance: ₱50/day full-time; ₱25/day part-time.
- 9.0 Longevity Pay: 5% of current basic salary per fiv