Title
Re: Revised Qualification Standard for the Chief of MISO
Case
A.M. No. 06-3-07-SC
Decision Date
Sep 10, 2009
Supreme Court revised Qualification Standards for MISO and PMO chiefs, balancing legal and technical expertise; lawyers granted judicial rank, non-lawyers excluded.
revised qualification standard
chief of miso
management information systems office

Case Summary (A.M. No. 06-3-07-SC)

Procedural and Administrative History of the Qualification Standards

On March 14, 2006, the Court resolved to revise the QS for Chief, MISO. On June 20, 2006, the Court amended the QS, shifting the educational requirement to a Bachelor’s Degree in Computer Science or any equally comparable degree, with post-graduate level study in computer science or information technology, reducing and restructuring the experience and training requirements, and setting eligibility as Civil Service Professional eligibility or equivalent IT eligibility.

On June 6, 2006, the Court issued a Resolution adopting clarifications regarding the collatilla “Deputy Clerk of Court” and judicial ranking attached to the position of Chief, MISO, based on whether the appointee was a lawyer. The Court clarified that if the appointee for Chief, MISO was a lawyer, the appointee would be given the collatilla “Deputy Clerk of Court” and entitled to judicial rank with the rank, salary, and privileges of an RTC judge. If the appointee was not a lawyer, the appointee would only be considered a Chief of Office, and would not receive the collatilla or judicial rank.

The Issue Raised by MISO Personnel and the Assistant Chief’s Amendments

A disparity concerning the comparative qualification requirements arose in 2006. In a letter dated July 12, 2006 to then Chief Justice Artemio V. Panganiban, employees of the MISO pointed out that the revision under A.M. No. 06-3-07-SC had rendered the experience, training, and eligibility requirements for Assistant Chief, MISO higher than those for Chief, MISO. In response, on July 26, 2006, the Court approved amendments to the QS for Assistant Chief, MISO, setting an educational requirement aligned with information technology-related training, specifying relevant ICT experience and training hours, and providing that eligibility would be Civil Service Professional Eligibility or equivalent IT Eligibility.

Restudy Triggered by OAS Observations Under Chief Justice Puno

On March 5, 2008, Chief Justice Reynato S. Puno approved the recommendation of the Office of Administrative Services (OAS) to restudy the QS for the positions of Chief, MISO and JRPA, PMO. In the OAS Memorandum to Chief Justice Puno dated July 30, 2008, OAS observed that the QS for Chief, MISO and JRPA of the PMO were not the same as those for other chiefs of office in the Court, notwithstanding that they had the same salary grade. OAS also recommended that both positions be limited to members of the Bar, reasoning that legal matters were involved in their functions.

OAS further explained the nature of the two offices. It stated that the MISO Chief needed working knowledge of the Court’s basic legal and operational IT requirements, while the PMO Chief dealt largely with agreements, loans, and other contracts with various agencies and international funding institutions. OAS reasoned that the particular needs for IT knowledge, project management, and donor coordination could be addressed through relevant studies and/or experience rather than through dispensing with Bar membership.

OAS Proposed Qualification Standards and Restudy of Adjacent PMO and MISO Positions

OAS recommended QS for both Chief of MISO and PMO Judicial Reform Program Administrator that emphasized education, supervisory experience, training, and eligibility. It proposed that both positions require Bachelor of Laws with units and/or studies in specified fields: for MISO, in computer science, information technology, or comparable computer education; for PMO JRPA, in public administration, business administration, finance, economics, social sciences, or related fields. It proposed supervisory experience requirements with a technical component for MISO (relevant experience in computer science or ICT) and an economic/social sciences or related component with donor coordination and project management elements for the PMO JRPA. OAS also proposed 32 hours of relevant training in management and supervision for MISO and 32 hours relevant training in project management and supervision for PMO JRPA. For eligibility, OAS proposed RA 1080 (Bar) and inclusion of the collatilla “Deputy Clerk of Court” and judicial rank, treating the positions as warranting the judicial ranking when the appointee would be a lawyer.

OAS also restudied the QS for Assistant Chief of Office, MISO and the Deputy Judicial Reform Program Administrator of the PMO. OAS suggested reverting the Assistant Chief’s title to its original designation, “SC Assistant Chief of Office, MISO,” and proposed modified educational and experience requirements for these adjacent roles. It further recommended that the Assistant Chief and Deputy JRPA positions be filled by lawyers, while explaining that for MISO and PMO, the Bar membership requirement could be substituted with higher education qualifications, particularly because the duties involved specialized technical skills and project management/donor coordination.

Comments from MISO, PMO, and FMBO

The MISO submitted its comment, stating that the Court had an ongoing ICT consultancy project with Indra Sistemas S.A., including work on the creation of a MISO Re-Engineering Development Plan (MRDP), and that Indra’s recommendations informed the QS proposal. MISO asserted that Indra’s recommendation for the QS of the MISO Chief recognized that lawyers or non-lawyers could apply. It described that lawyer-applicants would meet requirements bearing strong similarity to those proposed by OAS. MISO also stated that Indra proposed an additional project management certification for managerial and supervisory positions to enable effective management of IT projects and presented QS for both lawyer and non-lawyer applicants.

The PMO countered that the JRPA position had a nature different from the adjudicatory and other legal functions of other Court offices. It argued that legal issues encountered by PMO did not require the JRPA to be a lawyer, and it noted that the PMO plantilla already contained four lawyer positions that could address legal concerns by assisting and advising and by drafting legal instruments or documents. The PMO also stressed that it did not enter into contracts and agreements on its own. It claimed that it first secured Court approval at the initial stages of discussions with contracting parties, and emphasized the need for experience in donor coordination and development projects.

Finally, the Fiscal Management and Budget Office (FMBO) commented in agreement with the OAS recommendation that Bar membership should qualify the positions of Chief, MISO and Chief (JRPA), PMO. FMBO suggested, however, that the Bachelor of Laws degree be a minimum requirement and that additional units and/or study be incorporated into the training requirement. FMBO also stated that the approval of the proposed QS would not significantly change financial remuneration for the positions, and that the only difference would be the grant of the Special Allowance for the Judiciary (SAJ). FMBO noted that if the proposed QS were approved, holders of the two positions would be accorded judicial ranking and, consequently, given the monthly SAJ.

The Court’s Determination: Balancing Legal Uniformity with Technical Specialization

In resolving the matter, the Court acknowledged the merits in OAS’s recommendation, particularly that both MISO and PMO supported the Court’s main adjudicative function even if they were not directly involved in the decision of cases. The Court recognized that the persons who headed these offices should have adequate working knowledge of the Court’s functions and the legal implications of their actions. At the same time, the Court emphasized the technical and specialized character of the MISO and PMO functions. It noted that OAS itself admitted that the duties and responsibilities of Assistant Chief, MISO and Deputy JRPA, PMO involved special technical skills in computer and information technology, and project management and donor coordination, respectively. The Court held that similar specialized skills should likewise be required for Chief, MISO and JRPA of the PMO, considering that the heads of these offices must lead their respective functions effectively.

Thus, although the Court considered the importance of uniformity in qualification standards for positions of the same level, it declared that the nature of the functions of each office should play a dominant role in determining who should head the offices. Consequently, the Court ruled that the technical and specialized skills needed for Chief, MISO and JRPA of PMO should be the foremost consideration. While it indicated that a law degree and Bar membership were preferred, it held that post-graduate studies in relevant technical or field-specific subjects could adequately substitute for Bar membership: post-graduate studies in Computer Science for the MISO Chief, and post-graduate studies in public administration, finance, economics, or related fields for the JRPA of the PMO.

Judicial Ranking Clarification Applied to PMO as Reaffirmed for MISO

Regarding judicial ranking, the Court reaffirmed the June 6, 2006 clarification and applied the same framework to the PMO position. Under the Court’s reiterated rule, when the appointee for Chief, MISO/JRPA was a lawyer, the appointee would receive the collatilla “Deputy Clerk of Court” and be entitled to judicial rank, with the rank, salary, and privileges of an RTC judge. When the appointee was not a lawyer, the appointee would only be considered a Chief of Office and would not receive the collatilla or judicial rank.

Final Disposition and Approved Qualification Standards (With Modifications)

With these considerations, the Court approved—with modification—OAS’s recommendations on the Qualification Standards for Chief of Office, MISO and JRPA, PMO and for the Assistant Chief of Office, MISO and Deputy JRPA of the PMO, subject to the Court’s adjustments on the educational requirements and the substitution

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