Committee to Review the Lower Courts' Operations and Organizations under ADM. Circular No. 40-2008

December 7, 2010

EN BANC

A.M. No. 09-4-18-SC

COMMITTEE TO REVIEW THE LOWER COURTS' OPERATIONS AND ORGANIZATIONS UNDER ADM. CIRCULAR NO. 40-2008

NOTICE

Sirs/Mesdames :

Please take notice that the Court en banc issued a Resolution dated December 7, 2010, which reads as follows:

"A.M. No. 09-4-18-SC — Re: Committee to Review the Lower Courts' Operations and Organizations under Adm. Circular No. 40-2008.

For consideration of the Court is the Report, dated October 5, 2010, of the Review Committee of the Office of the Court Administrator (Review Committee), in compliance with our Resolution dated April 13, 2010. We directed the Review Committee to further study, report and submit its recommendations on its Report of June 10, 2009, in light of the comments and observations submitted by the Office of the Chief Attorney.

The Review Committee submitted the following recommendations on the revised Report dated June 10, 2009:

(1) Its proposed changes in the Staffing Pattern of the First and Second Level Courts, as stated in pages 42-69 and marked as Annex "FF";

(2) The funding requirements — an additional cost in the amount of One Billion, One Hundred Ninety-Six Million, One Hundred Eighty-One Thousand, Three Hundred Sixty-Six Pesos and Eighty-Eight Centavos (P1,196,181,366.88) — that will be needed over and above the Approved Budget for Calendar Year 2010; acCTIS

(3) The revised functions and duties of all positions in the First and Second Level Courts, marked as Annex "HH";

(4) The proposed qualification standards of all positions in the First and Second Level Courts, marked as Annex "II";

(5) The proposed organizational structure of the First and Second Level Courts, marked as Annex "JJ";

(6) The proposed assignment of one (1) librarian in one to ten (1-10) sala courts and two (2) librarians in more than ten (10) sala courts;

(7) The proposed request to the Selection and Promotion Board for the lower courts not to fill up the vacant positions proposed to be abolished; and the consultation with the incumbents, whose positions are proposed to be abolished, on whether they want to avail of optional retirement;

(8) The retention of incumbents in positions proposed to be abolished until the time these positions are vacated by attrition;

(9) Referral of the drafting of the Implementing Rules and Regulations (IRR) of Republic Act No. 8369 to an appropriate committee; and

(10) Creation of a separate committee that shall conduct a more in-depth study and undertake the drafting of the staffing pattern of the Family Courts.

Court Observations

After due consideration, we make the following observations as bases for this Resolution:

a. Depth and Extent of Changes — the changes to be made are many and varied, and do not yield to simplistic rules.

First, one of the proposals in the Report of the Review Committee under item (1) (Annex "FF") will result not only in the upgrading and/or downgrading of position levels and the abolition of offices, but will also entail the expansion of existing positions and the creation of a new office (i.e., Bailiff) for the lower court. Item (6) not only involves the reassignment of existing librarians but also the creation of new librarian positions. The proposals to create new offices must be reconciled with the present policy of the Court barring the creation of new offices. aIETCA

The other proposals stated in items (3), (4), (5), (7) and (8) are predicated on changes in the staffing pattern, including the creation of new offices that has to be implemented, such as item (3) — the Revised Functions and Duties of Court employees (Annex "HH" — which enumerates the functions of the Bailiff). For existing positions, the Review Committee has given additional functions and duties to the Clerks of Court although new positions within a sala are to be created. The additional duties and functions given to several court positions and the upgrading of position levels notably carry increases in compensation.

Item (4) on the Proposed Qualification Standards (Annex "II") includes proposals not only involving changes in the qualifications for existing positions, but also the qualification standards for the new positions to be created. Item (5) reflects the changes in the organizational structure (Annex "JJ") considering the new staffing pattern and additional functions to be performed by court employees.

All these would require a look across the whole Judiciary, not only at the lower courts, to ensure that these changes will not be in conflict with the present organizational structure of the entire Judiciary. Items (4) and (5) should be referred to the TWG-Plantilla Committee to make sure that the level position structures, qualifications and functions, and salary grade allocations are uniform in all levels of the judicial structure.1

Second, items (7) and (8) present problematic situations because of their financial implications, i.e., the grant of optional retirement for employees whose positions are going to be abolished, and the retention of incumbents of abolished positions until they vacate their positions on their own or through attrition. This matter must be further studied before any changes in staffing pattern may be made. Viable options that will not constitute a drain in the Court's financial resources must be explored. This matter can be referred to the Office of the Chief Attorney.

b). Budget Considerations

Third, under item (2), the proposed budget estimate for the above undertakings will amount to P1,196,181,366.88 as additional cost to the Court over and above the approved Court budget for 2010. At present, the feasibility of implementing these necessary changes cannot be realized considering the Court's budget that was even reduced in the current National Budget.

To give the Court a focused look from the financial viewpoint into this matter, the funding requirement should be forwarded to the Chief of the Financial Management Office, Office of the Court Administrator, for study and review, and for recommendation on how these charges will impact the Court and its operations, and for possible inclusion in the next budget.2 cSaADC

c. Other Considerations

Fourth, item (10) on the staffing pattern for Family Courts must be studied not only in terms of its feasibility, but also in terms of the needs of the Court, its available resources and present policies. For a focused study, it is best to create a new committee to further consider the Family Courts' staffing pattern, subject to the above factors and to such guidelines the Court may establish. This approach would ensure a plan that can be implemented by the Court.

Fifth, before any drafting in the staffing pattern is made for item (10), it is necessary that a draft of the IRR of Republic Act No. 8369, under item (9), be first made. This will guarantee that all the appropriate operational structures needed in the IRR are identified and included. It is again best to refer the drafting of the IRR to an appropriate committee, again subject to guidelines the Court may establish in light of the available funds and existing Court policies on the creation of new offices and restructuring.

ACCORDINGLY, we resolve to:

(1) NOTE the Report, dated October 5, 2010, submitted by the Review Committee to Review the Lower Courts' Operations and Organization of the Office of the Court Administrator;

(2) REFER items (4) and (5) to the TWG-Plantilla Committee for study and report to ensure that the level position structures, qualifications and functions, and salary grade allocations are uniform in all levels of the judicial structure; the Memorandum submitted by Atty. Eden T. Candelaria, Deputy Clerk of Court and Chief Administrative Officer, in this regard, is likewise to be given to the TWG-Plantilla Committee;

(3) FORWARD the funding requirements for items (1), (2), (3), (4), (5), (6), (7) and (8) to the Chief of the Financial Management Office, Office of the Court Administrator, for study and review of their impact on the Court and its operations, and for possible inclusion in the next budget;

(4) REFER items (7) and (8) to the Office of the Chief Attorney for study and report on the viable financial options that will minimize expenses for the Court in the separation from service of employees with abolished positions; aScITE

(5) REFER item (9) of the proposal (as stated in the Report dated October 5, 2010 submitted by the Committee to Review the Lower Courts' Operations and Organization of the Office of the Court Administrator) to the appropriate committee/s for study and report, and for the drafting of the Implementing Rules and Regulations of Republic Act No. 8369; and

(6) CREATE a Committee to conduct an in-depth study and drafting of the staffing pattern of the Family Courts, bearing in mind the comments stated in the Report, dated October 5, 2010, submitted by the Review Committee to Review the Lower Courts' Operations and Organization of the Office of the Court Administrator." Velasco, Jr., J., on official business. (adv112)

Very truly yours,

 

(SGD.) ENRIQUETA E. VIDALClerk of Court

Footnotes

1. Memorandum submitted by Atty. Eden T. Candelaria, Deputy Clerk of Court and Chief Administrative Officer, p. 20.

2. Id. at 13.