Title
Re: 10% Salary Increase under Executive Order No. 611
Case
A.M. No. 07-8-3-SC
Decision Date
Mar 28, 2008
A 10% salary increase under E.O. No. 611 required a corresponding 10% deduction from the Special Allowance for the Judiciary (SAJ), sourced from the SAJ fund, adhering to Section 6 of R.A. No. 9227 despite long-term implications.

Case Summary (G.R. No. L-68635)

Applicable Law and Regulations

E.O. No. 611, issued on March 14, 2007, mandates a 10% increase in the basic salaries effective July 1, 2007, for civilian government personnel under the Compensation and Position Classification System. The relevant provision under Section 6 of Republic Act (R.A.) No. 9227 states that any subsequent salary increase will result in the conversion of a percentage of the SAJ into the basic salary, with excess amounts of the SAJ continuing to be granted as such.

Requests for Clarification

In her Memoranda dated June 26, July 4, and November 20, 2007, Ferrer-Flores inquired if the 10% increase in basic salary necessitated a corresponding deduction from the SAJ for the affected justices and officials, and whether the increase should be sourced from the SAJ fund.

Developments Leading to the Court's Clarification

On June 18, 2007, the Department of Budget and Management (DBM) issued National Budget Circular No. 511 but did not clarify the implications of E.O. No. 611 on the SAJ. DBM representatives suggested during a technical hearing on July 2, 2007, that a deduction from the SAJ proportionate to the 10% increase in salary was required. However, details on this deduction were not included in the circular, prompting further queries from Flores.

Financial Implications and Funding Sources

A Special Allotment Release Order (SARO) was issued on November 13, 2007, providing funding from the national government for the SAJ. The SARO specified that the allotment would cover the 10% adjustment authorized under E.O. No. 611 and indicated that the 10% increase in salary would result in a commensurate reduction in the SAJ, meaning total compensation for the officials would remain stable.

Issues Presented to the Court

The primary issues for resolution were whether to implement a 10% deduction from the SAJ, aligning it with the salary increase, and whether to utilize the SAJ fund for this increase.

Court's Ruling and Interpretation

The Court ruled that the SDJ should be regarded as an implementation of salary increases, confirming that the 10% increase in basic salary would be offset by an equivalent reduction in SAJ, thereby preserving the total monthly compensation for the officials. The Court acknowledged the potential long-term consequences of this arrangement but upheld the existing law's provisions, noting that compliance with statutory mandates is paramount, even if such compliance results in an unsatisfactory outcome.

Long-term Considerations and Future Implications

The Cour

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