Re: Revised Qualification Standard for the Chief of MISO

EN BANC

[A.M. No. 06-3-07-SC. September 10, 2009.]

RE: REQUEST FOR APPROVAL OF THE REVISED QUALIFICATION STANDARD FOR THE CHIEF OF MISO

RESOLUTION

NACHURA, J p:

For this Court's resolution is the request for revision of the Qualification Standards (QS) for the chiefs of the Management Information Systems Office (MISO) and the Program Management Office (PMO).

The following QS for the position of Chief, MISO, were approved by then Chief Justice Hilario G. Davide, Jr. on October 14, 1999:

On March 14, 2006, the Court resolved to revise the said QS. 2 It was further amended on June 20, 2006, to wit:

On June 6, 2006, the Court issued a Resolution adopting the clarifications made by the Committee on Computerization and Library on the collatilla "Deputy Clerk of Court" and the judicial ranking attached to the position of Chief, MISO, as follows:

1. If the appointee for the Chief of MISO is a lawyer, he/she will be given the collatilla "Deputy Clerk of Court" and entitled to a judicial rank. He/She will be given the rank, salary and privileges of [an RTC] judge;

2. If the appointee for the Chief of MISO is not a lawyer, he/she will only be considered as a Chief of Office. He/She will not be given the collatilla "Deputy Clerk of Court" and will not be entitled to a judicial rank. 4

In a letter 5 to then Chief Justice Artemio V. Panganiban dated July 12, 2006, employees of the MISO pointed out that the revision of the QS under A.M. No. 06-3-07-SC had made the experience, training, and eligibility qualifications for Assistant Chief, MISO, higher than those for the Chief, MISO. Hence, they asked the Court to rectify the disparity.

On July 26, 2006, the Court approved the following amendments to the QS for the Assistant Chief of MISO:

On March 5, 2008, Chief Justice Reynato S. Puno approved the recommendation of the OAS to restudy the QS for the positions of Chief, MISO and Judicial Reform Program Administrator (JRPA), PMO.

In its Memorandum 7 to Chief Justice Puno dated July 10, 2008, the Office of Administrative Services (OAS) observed that the QS for the positions of Chief of MISO and JRPA of the PMO are not the same as those for the other chiefs of office in the Court, even though they have the same salary grade. acIASE

The OAS recommends that both positions should be given only to members of the Bar, since there are legal matters involved in the functions of both offices. In particular, OAS notes that the MISO Chief must know the basic legal and operational information technology (IT) needs of the Court, while the PMO Chief deals in large part with agreements, loans, and other contracts with various agencies and international funding institutions. In both cases, the specific need for IT knowledge, and project management and donor coordination, respectively, will be answered by the requirement for relevant studies and/or experience.

The OAS recommends the following QS, to wit:

	MISO	PMO
	Chief of Office	Judicial Reform
		Program Administrator
Education	Bachelor of Laws with units	Bachelor of Laws with
	and/or studies in computer	units and/or studies in any of
	science, information	the following fields: public
	technology or any	administration, business
	comparable computer	administration, finance,
	education	economics, social sciences,
		or any related field.
Experience	10 years or more of relevant	10 years or more of relevant
	supervisory work experience	supervisory work experience
	either in the government	either in the government
	(acquired under career	(acquired under career
	service) or private sector,	service) or private sector,
	with at least 5 years relevant	with at least 5 years relevant
	experience in the field of	experience in the field of
	computer science or	economics, social sciences,
	information and	or any related field, as well as
	communication technology	in donor coordination and
		project management.
Training	32 hours of relevant	32 hours relevant training in
	experience in management	project management and
	and supervision	supervision
Eligibility	RA 1080 (Bar)	RA 1080 (Bar)
Collatilla	Deputy Clerk of Court	Deputy Clerk of Court
Judicial Rank	RTC Judge	RTC Judge

The OAS also restudied the QS for the Assistant Chief of Office of MISO. It suggests that the Deputy Director title of the MISO Assistant Chief of Office be reverted back to its original title, "SC Assistant Chief of Office, MISO". It further recommends the following modifications to the QS of the Assistant Chief of Office, MISO, and of the Deputy Judicial Reform Program Administrator of the PMO:

	MISO	PMO
	Assistant Chief of Office	Deputy Judicial Reform
		Program Administrator
Education	Bachelor of Laws with	Bachelor of Laws with units
	units and/or studies in	and/or studies in any of the
	computer science or	following fields: public
	information technology; or	administration, finance,
	completion of Masteral	economics, social sciences;
	(sic) Degree in any	or completion of Masteral
	computer education (sic)	(sic) Degree in Public
		Administration, Business
		Administration, Finance,
		Economics, Social Sciences
		or any related field
Experience	10 years or more of	10 years or more relevant
	relevant supervisory work	supervisory work experience
	experience either in the	either in the government
	government (acquired	(acquired under career
	under career service) or	service) or private sector
	private sector with at least	with at least 3 years relevant
	3 years experience in the	experience in the field of
	field of computer science	economics, social sciences or
	or information and	any related field, as well as
	communication	in donor coordination and
	technology	project management
Training	At least 32 hours of	At least 32 hours of relevant
	relevant trainings in	trainings in project
	computer operation,	management and supervision
	information and
	communication
	technology
Eligibility	RA 1080 (Bar) or any	RA 1080 (Bar) or any
	appropriate CSC 2nd level	appropriate CSC 2nd
	eligibility	level eligibility

The OAS explained that while all SC Assistant Chiefs of Offices are required to be lawyers in their QS, this requirement may be substituted with a master's degree in the case of MISO and PMO, considering that the duties and responsibilities of these two positions involve special technical skills in computer/information technology and project management and donor coordination, respectively.

In its Comment, 8 the MISO states that the Court has an ongoing ICT consultancy project with Indra Sistemas S.A., part of which specifically deals with the creation of a MISO Re-Engineering Development Plan (MRDP). Among the concerns studied by Indra was the staffing pattern of MISO and the QS for each position in the office's plantilla. Indra's recommendation for the QS of the MISO Chief recognizes that lawyers or non-lawyers may apply for the position, with the recommended QS for lawyer-applicants bearing a strong similarity to those proposed by the OAS. Indra's recommendations are as follows:

	FOR LAWYERS	FOR NON-LAWYERS
Education	Bachelor of Laws	Bachelor's Degree in relevant
	and 18 MA units in	ICT course and an MBA or
	relevant ICT course, 3	Post Graduate Degree in a
	years relevant ICT	Management related course
	experience or 60 hours of	or Bachelor's Degree in a
	ICT training or relevant	Management-related course
	ICT certification	and an MBA or Post-
		graduate Degree in a
	* An additional project	Management-related course
	management certification	and 18 MA units in relevant
	is proposed for all	ICT course, 3 years relevant
	managerial/supervisory	ICT experience or 60 hours
	positions to enable them to	of ICT training or relevant
	effectively manage IT	ICT certification
	projects
		* An additional project
		management certification is
		proposed for all managerial/
		supervisory positions to
		enable them to effectively
		manage IT projects
Experience	10 years of supervisory	10 years of supervisory
	experience (within or	experience (within or outside
	outside the Supreme Court)	the Supreme Court)
Training	40 hours of relevant	40 hours of relevant
	training in management	training in management
	and supervision	and supervision
Eligibility	RA 1080 (Attorney)	CSC Professional or IT
		eligibility
	An additional project management certification is proposed
	for all managerial/supervisory positions to enable them to
	effectively manage IT projects

On the other hand, the PMO, in its Comment, 9 maintains that the nature of the JRPA position is different from the adjudicatory and other legal functions of the other offices in the Court. It also says that the legal issues confronted by the PMO in the performance of its tasks do not require the JRPA to be a lawyer. It points out that there are four (4) lawyer positions in the PMO's plantilla, and these lawyers can adequately meet the PMO's legal concerns. They assist and advise the JRPA on matters requiring legal knowledge and in drafting legal instruments or documents. The PMO also states that it does not enter into contracts and agreements on its own but first secures the approval of the Court even at the initial stages of discussion with the other contracting party/parties. Instead, it emphasizes the need for experience in donor coordination and development projects, considering the nature of the PMO's work. 

Finally, the Fiscal Management and Budget Office (FMBO) also submitted its Comment. 10 The FMBO agrees with the OAS recommendation to make membership in the Bar a qualification for the positions of Chief, MISO and Chief (JRPA), PMO. It also suggests that the Bachelor of Laws degree be made a minimum requirement, and that the additional units and/or study be included in the training requirement. The FMBO says that there will be no significant change in the financial remuneration for both positions under the proposed QS. The only difference will be the grant of the Special Allowance for the Judiciary (SAJ). If the proposed QS will be approved, the holders of the two positions will be accorded judicial ranking and, consequently, given the monthly SAJ.

The Court acknowledges that there is some merit in the OAS recommendation. Indeed, while the MISO and the PMO are not directly involved in the adjudicative functions of the Court, both offices operate to support the Court in its main function of deciding cases. As such, it is important that the persons who head these offices have adequate working knowledge of the Court's functions and the legal implications of their actions.

However, we must also recognize the technical nature of the positions of Chief, MISO and JRPA, PMO. The OAS itself admitted the technical character of the functions of the MISO and PMO when it said that the duties and responsibilities of Assistant Chief, MISO and Deputy JRPA, PMO, involve special technical skills in computer/information technology and project management and donor coordination, respectively.

The same specialized skills should likewise be required for the Chief of MISO and the JRPA of the PMO. As heads of these offices, the Chief of MISO and JRPA of the PMO must possess the requisite knowledge and expertise to lead their respective offices in the performance of their main tasks.

Accordingly, even as the Court sees the importance of maintaining uniformity of the QS for positions in the same level, the nature of the functions of each office must play a dominant role in determining who should head these offices. The technical or specialized skills needed for the positions of Chief of MISO and JRPA of the PMO should, therefore, be the foremost consideration in setting their respective QS. Thus, while a law degree and membership in the Bar is preferred, post-graduate studies in Computer Science (for MISO) and in public administration, finance, economics, or related fields (for JRPA of the PMO) would be adequate substitutes. CDISAc

As regards the judicial ranking of the two positions, the Court reaffirms the Court's Resolution dated June 6, 2006, and applies the same to the PMO. Thus:

1. If the appointee for Chief, MISO/JRPA is a lawyer, he/she will be given the collatilla "Deputy Clerk of Court" and entitled to judicial rank. He/She will be given the rank, salary and privileges of [an RTC] judge;

2. If the appointee for the Chief, MISO/JRPA is not a lawyer, he/she will only be considered as a Chief of Office. He/She will not be given the collatilla "Deputy Clerk of Court" and will not be entitled to judicial rank.

Relative to the QS for the Assistant Chief of Office of the MISO and Deputy JRPA of the PMO, the Court agrees with the OAS recommendation, subject to the modification of the educational requirement. Considering the higher education standard required of the Chief of MISO and JRPA of the PMO, which is a Master's degree, in the case of the Assistant Chief, this may be substituted with post-graduate units in computer science or ICT, and post-graduate units in Public Administration, Business Administration, Finance, Economics, Social Sciences or any related field, respectively.

IN VIEW OF THE FOREGOING, the Court APPROVES, with modification, the recommendations of the OAS on the Qualification Standards for Chief of Office, Management Information Systems Office and Judicial Reform Program Administrator, Program Management Office, as follows:

	MISO	PMO
	Chief of Office	Judicial Reform
		Program Administrator
Education	Bachelor of Laws with at	Bachelor of Laws with at
	least 18 units in computer	least 18 units in public
	science, information	administration, business
	technology or any similar	administration, finance,
	computer academic course	economics, social sciences or
	or	any related field
	Bachelor's Degree in	or
	computer science or	Bachelor's degree and post-
	information technology	graduate degree in public
	and post-graduate degree,	administration, finance,
	preferably in computer	economics, social sciences or
	science or information	any related field
	technology
Experience	10 years or more of	10 years or more of relevant
	relevant supervisory work	supervisory work experience
	experience either in the	either in the government
	government (acquired	(acquired under career
	under career service) or	service) or private sector,
	private sector, with at least	with at least 5 years relevant
	5 years relevant experience	experience in the field of
	in the field of computer	economics, social sciences,
	science or information and	or any related field, as well
	communication technology	as in donor coordination and
		project management.
Training	32 hours of relevant	32 hours relevant training
	experience in management	in project management and
	and supervision	supervision
Eligibility	RA 1080 (Bar), CSC	RA 1080 (Bar) or CSC
	Professional or IT	Professional
	eligibility

and the Qualification Standards for Assistant Chief of Office, MISO and Deputy Judicial Reform Program Administrator, PMO:

	MISO	PMO
	Chief of Office	Judicial Reform
		Program Administrator
Education	Bachelor of Laws with at	Bachelor of Laws with at
	least 18 units in computer	least 18 units in public
	science, information	administration, business
	technology or any similar	administration, finance,
	computer academic course	economics, social sciences or
	or	any related field
	Bachelor's Degree in	or
	computer science or	Bachelor's degree and post-
	information technology	graduate degree in public
	and post-graduate degree,	administration, finance,
	preferably in computer	economics, social sciences or
	science or information	any related field
	technology
Experience	10 years or more of	10 years or more of relevant
	relevant supervisory work	supervisory work experience
	experience either in the	either in the government
	government (acquired	(acquired under career
	under career service) or	service) or private sector,
	private sector, with at least	with at least 5 years relevant
	5 years relevant experience	experience in the field of
	in the field of computer	economics, social sciences,
	science or information and	or any related field, as well
	communication technology	as in donor coordination and
		project management.
Training	32 hours of relevant	32 hours relevant training
	experience in management	in project management and
	and supervision	supervision
Eligibility	RA 1080 (Bar), CSC	RA 1080 (Bar) or CSC
	Professional or IT	Professional
	eligibility

SO ORDERED.

Puno, C.J., Quisumbing, Ynares-Santiago, Carpio, Corona, Carpio Morales, Chico-Nazario, Velasco, Jr., Leonardo-de Castro, Brion, Peralta, Bersamin, Del Castillo and Abad, JJ., concur.

 

Footnotes

1. Rollo, p. 75.

2. Id. at 4-5.

3. Id. at 39.

4. Id. at 18.

5. Id. at 55-56.

6. Id. at 71-72.

7. Id. at 74-82.

8. Id. at 125-127.

9. Id. at 144-147.

10. Id. at 128-132.