Title
Re: Request of Muslim Employees in the Different Courts in Iligan City
Case
A.M. No. 02-2-10-SC
Decision Date
Dec 14, 2005
Muslim employees sought adjusted Ramadan hours and Friday prayer exemptions; Court granted Ramadan adjustments but denied Friday prayer breaks, citing lack of statutory basis and public service continuity.

Case Summary (A.M. No. 02-2-10-SC)

Petitioner / Requests

Muslim court employees in Iligan City requested (1) that, during the month of Ramadan, they be allowed to observe office hours from 7:30 a.m. to 3:30 p.m. without lunch or coffee breaks, and (2) that they be excused from work from 10:00 a.m. to 2:00 p.m. every Friday throughout the calendar year to attend Friday (Jumu‘ah) prayers.

Procedural History and Administrative Responses

The employees’ letter dated November 19, 2001 was forwarded by Judge Salazar to the Office of the Court Administrator. Judge Salazar agreed with the Ramadan-hour request but expressed reservations regarding the year-round Friday excusal. The Court, by Resolution dated October 1, 2002, required the Court Administrator to study the matter. The Court Administrator recommended granting the Ramadan schedule and excusing employees from 10:00 a.m. to 2:00 p.m. every Friday provided the lost hours were made up by adopting a flexible Friday schedule (7:00–10:00 a.m. and 2:00–7:00 p.m.). The Civil Service Commission (CSC) had earlier issued Resolution No. 81-1277 (November 13, 1981) modifying official time during Ramadan and stating that Muslims are excused every Friday from 10:00 a.m. to 2:00 p.m.; CSC Resolution No. 00-0227 (January 26, 2000) clarified that “Friday” in the CSC resolution referred to all Fridays of the year. The Office of the Court Attorney reported that the CSC exceeded its authority in declaring the Friday excusal.

Applicable Law and Constitutional Framework

Primary statutory and administrative sources cited in the decision are Presidential Decree No. 291 (recognizing Muslim holidays) as amended by Presidential Decree No. 322 (which added an express regulation of office hours during Ramadan), CSC Resolutions No. 81-1277 and No. 00-0227, and the Omnibus Rules Implementing Book V of Executive Order No. 292 (Administrative Code of 1987), specifically Section 5, Rule XVII(“not less than eight hours per day or forty hours a week”). The Court applied the 1987 Constitution’s Bill of Rights, Article III, Section 5 (free exercise and non-establishment clauses), and relied on the established twofold conception of religious freedom: freedom to believe (absolute) and freedom to act on beliefs (subject to regulation).

Issues Presented

(1) Whether Muslim court employees may lawfully observe modified office hours (7:30 a.m. to 3:30 p.m. without break) during Ramadan; and (2) whether they may be excused from work from 10:00 a.m. to 2:00 p.m. every Friday throughout the year to attend the Muslim Prayer Day.

Analysis and Rationale — Ramadan Office Hours

Section 3(a) of P.D. No. 291, as amended by P.D. No. 322, expressly provides that during Ramadan “all Muslim employees in the national government, government-owned or controlled corporations, provinces, cities, municipalities and other instrumentalities shall observe office hours from seven-thirty in the morning (7:30 a.m.) to three-thirty in the afternoon (3:30 p.m.) without lunch break or coffee breaks, and that there shall be no diminution of salary or wages.” Because this relief has clear statutory basis, the Court accepted the Court Administrator’s recommendation and granted the employees the requested Ramadan schedule.

Analysis and Rationale — Friday Prayer Excusal

The Court concluded that there is no statutory basis in P.D. No. 291, as amended, for excusing Muslim employees from work from 10:00 a.m. to 2:00 p.m. every Friday during the entire calendar year. The CSC’s earlier resolutions purporting to excuse employees every Friday exceeded the CSC’s authority because the enabling decrees do not list “Friday” as a recognized Muslim holiday or otherwise authorize a year‑round four‑hour Friday excusal. The Court emphasized the constitutional balance: the free exercise clause protects belief absolutely but permits regulation of conduct affecting public welfare. The Court underscored the State’s interest in maintaining uniform and continuous government services and in enforcing the civil‑service requirement that officials and employees render not less than eight hours a day or forty hours a week (Section 5, Rule XVII). Granting a year‑round four‑hour Friday excusal would diminish mandated working hours, undermine continuous public service during core hours, and could invite similar claims from other denominations. For these reasons, the Court denied the request for a yearly Friday excusal for lack of legal basis.

Treatment of Administrative Recommendations and Limits of Agency Authority

While the Court accepted the Court Administrator’s Ramadan‑hours recommendation on statutory grounds, it specifically rejected the CSC’s administrative declarations that created a year‑round Friday excusal because those declarations lacked a statutory foundation. The CSC’s discretion to adopt flexible working schedules

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