Collapse/Abolition of Positions and Creation of New Positions in the Different Offices of the Supreme Court; and b) Training and Development Management System

April 10, 2012

EN BANC

A.M. No. 10-11-9-SC

NOTICE

Sirs/Mesdames :

Please take notice that the Court en banc issued a Resolution dated April 10, 2012, which reads as follows:

"A.M. No. 10-1 1-9-SC (Re: a) Collapse/Abolition of Positions and Creation of New Positions in the Different Offices of the Supreme Court; and b) Training and Development Management System). — For the Court's approval is a Report of the Special Committee to Review the Plantilla Positions and Salary Grades of Officials and Employees in the Judiciary (the Committee) 1 favorably recommending the request of various offices of the Supreme Court for the collapse/abolition of 53 old positions deemed unnecessary and the creation of 128 new positions suitable to their needs. ScaHDT

The savings generated from the salaries of the abolished positions will be used to fund the salaries of those who will occupy the new positions. Any funding deficiencies shall be taken from the regular appropriations of the Court and the funds allocated for the incumbent casuals in the concerned offices. The Committee also recommended that upon approval, the newly created positions shall be published, posted and filled, pending release by the Department of Budget and Management (DBM) of the Notice of Organization, Staffing and Compensation Action (NOSCA).

In its 17 January 2012 Resolution, the Court required the Fiscal Management and Budget Office (FMBO) to provide supplemental inputs regarding the financial aspect of the matter at hand. In compliance therewith, the FMBO, through Deputy Clerk of Court and Chief Financial Officer Atty. Corazon G. Ferrer-Flores, submitted its 05 March 2012 Report (the FMBO Report), with various Annexes 2 attached.

In the FMBO Report, the implementation of the proposed collapse/abolition and creation of new positions would result in a net deficiency of P7,585,447 in 2012 3 and P7,590,972 in 2013.4 TcIaHC

However, this reported deficiency cannot be covered by the funds allocated for incumbent casuals as proposed by the Committee. Under the General Appropriations Act for Fiscal Year 2012 (2012 GAA), 5 the amount allocated for Supreme Court casual employees, including maintenance personnel of Halls of Justice (HOJs) nationwide, is only P27,083,000. 6 However, the annual funding requirement for the basic monthly salaries and other emoluments of the casual employees of the Court and of HOJs nationwide is P176,775,199.74, broken down as follows: P105,229,740.70 for the maintenance personnel of the HOJs nationwide plus P71,545,459.04 for the 280 casual employees of the Supreme Court.

Without a NOSCA from the DBM and a corresponding provision in the GAA for the new positions, the FMBO Report also stated that additional funding to cover the deficiency "would have to be sourced from savings of the Supreme Court." 7 Notably, the only savings of the Supreme Court cited in the FMBO Report is the Court's savings generated from unfilled positions which, for the year 2012, amount to P329,051,717. 8

However, Special Provision No. 3 in XXIX A, a new provision in 2012 GAA, apparently restricts the use of funds allotted under A.I.a.2. on the funding requirements for the purpose of filling unfilled positions, to wit:

3. Funding Requirements for the Filling of Unfilled Positions. The amount appropriated under A.I.a.2 shall be used to fund the Personal Services requirements in filling of unfilled positions: PROVIDED, That the Chief Justice of the Supreme Court is authorized to augment any item of the appropriations herein authorized for the Supreme Court of the Philippines and the Lower Courts from savings in other items of its appropriations: PROVIDED, FURTHER, That the amount herein appropriated shall be automatically and regularly released; PROVIDED, FINALLY, That a quarterly report on the utilization of funds shall be submitted to the Office of the President and Congress. (Emphasis supplied.)

Because of the proposal to abolish "unfilled positions" in the Court and to replace them with new ones, it would be plausible to consider them as equivalent for the purpose of complying with Special Provision No. 3. However, our attention has not been called regarding any ruling from the DBM on this particular issue. TSIEAD

WHEREFORE, the Court resolves to REFER back to the Special Committee to Review the Plantilla Positions and Salary Grades of Officials and Employees of the Judiciary for further review and study the proposed collapse/abolition of 53 old positions and the creation of 128 new positions within the Supreme Court. The Committee shall SUBMIT its report and recommendation within ninety (90) days from receipt of the Resolution and is DIRECTED to consider the attached 05 March 2012 Report of the Fiscal Management and Budget Office and to COMPLY with, Special Provision No. 3, XXIX A of Republic Act No. 10155." Perlas-Bernabe, J., on official leave. (adv36/139)

Very truly yours,

(SGD.) ENRIQUETA E. VIDALClerk of Court

Footnotes

1. The Committee is headed by Chief Justice Renato C. Corona as Chairperson, with Associate Justices Presbitero J. Velasco, Jr., and Jose P. Perez, as Vice-Chairpersons. It has the following members: Court Administrator Jose Midas Marquez, retired Justice Adolfo S. Azcuna, Atty. Enriqueta Vidal, Atty. Eden Candelaria, Atty. Corazon Ferrer-Flores, Atty. Edna Dino, and Atty. Analiza Capacite.

2. Annex A — Comparative Matrix: Collapse/Abolition vs. Creation, January to May 2012/June to December 2012.

 Annex B — Comparative Matrix: Collapse/Abolition vs. Creation, Year 2013.

 Annex C — Plantilla of Casual Employees of the Supreme Court, January to May 2012.

 Annex D — Funding Requirements, Maintenance of Halls of Justice CY 2012.

 Annex E — Vacant Positions as of March 05, 2012.

 Annex F — Projected Utilization of Savings Generated from Unfilled Positions for CY 2012.

3. Annex "A" of the FMBO Report.

4. Annex "B" of the FMBO Report.

5. Republic Act No. 10155.

6. FMBO Report, p. 3.

7. Id.

8. Annex "E" of the FMBO Report. According to this report, savings from unfilled positions are used to answer for unbudgeted expenditures — various expenditures that have no corresponding allocation in the regular appropriations of the Court, but which may be considered as recurring expenses.