Grant of Uniform or Clothing Allowance and Wearing of Office Uniform in the Judiciary

October 13, 2005

SUPREME COURT MEMORANDUM CIRCULAR NO. 6-05

GRANT OF UNIFORM OR CLOTHING ALLOWANCE AND WEARING OF OFFICE UNIFORM IN THE JUDICIARY

WHEREAS, Section 305, Article 5 [Clothing Allowance],Chapter 5, Title 5, Book III of the General Accounting and Auditing Manual (GAAM) [Volume I],s. 1992, provides: "All employees who have been in the service for at least six (6) months shall be entitled to the clothing allowance; provided that said employees shall serve for another six (6) months from the day the said allowance is received "; THaDEA

WHEREAS, Budget Circular (BC) No. 2003-8 dated 08 December 2003, as amended by BC No. 2003-8A dated 02 July 2004, re: "Rules and Regulations on the Grant of Uniform or Clothing Allowance (U/CA) to All Government Personnel for FY 2004 and Years Thereafter " was issued to provide the rules and regulations to implement the pertinent provision under the annual General Appropriations Act (GAA) on the grant of U/CA to all government personnel for FY 2004 and the years thereafter;

WHEREAS, pertinent provisions of BC No. 2003-8, as amended by BC No. 2003-8A, state:

2.0 Coverage and Exemptions

This Circular shall apply to all government personnel, whether appointive or elective, on full-time or part-time basis, under permanent, temporary or casual status, and contractual personnel whose employment is in the nature of a regular employee.

It shall not apply, however, to the following:

xxx xxx xxx

2.3 Government personnel who are on leave without pay for more than six (6) consecutive months in a particular year.

3.0 Rules and Regulation

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3.2 Government personnel who are expected to render at least six (6) consecutive months in a particular year including leaves of absence with pay shall be entitled to U/CA.

3.3 Newly hired government personnel shall be entitled to U/CA after they have rendered six (6) consecutive months of service or in the next grant thereof whichever comes later.

xxx xxx xxx

3.7 Government personnel who transferred to other agencies during the first six (6) months of a particular year and were not granted U/CA, whether in cash or in kind, by their former agencies, shall be granted U/CA by their new agencies. If they transferred to other agencies within the last six months of a particular year they are deemed to have been granted U/CA by their former agency. IDCcEa

WHEREAS, to primarily oversee the procurement of office uniforms, the Bids and Awards Committee (BAC) for Office Uniforms for the Supreme Court (SC) and the Presidential Electoral Tribunal (PET) and the BAC for Office Uniforms for the Lower Courts (LCs) were created by virtue of Memorandum Order No. 36-2004 dated 2 July 2004;

WHEREAS, on 23 February 2005, the Court issued Memorandum Circular No. 3-2005 prescribing the Guidelines on the Grant of Clothing Allowance and the Wearing of Appropriate Office Attire for Calendar Year 2005;

WHEREAS, there is a need to consolidate all the previous and present rules, regulations and guidelines on the grant of U/CA and the wearing of appropriate office attire as prescribed by the Department of Budget and Management, the Civil Service Commission, and the SC through circulars and other issuances, and to come up with a set of general guidelines, to be implemented by the Judiciary in CY 2006 and thereforth;

NOW THEREFORE, the following guidelines in the grant of U/CA for the officials and employees of the Judiciary for CY 2006 and the years thereafter are hereby adopted:

1. Coverage. — This Circular covers all employees of the SC, including the Office of the Court Administrator (OCA),Philippine Judicial Academy (PHILJA),Judicial and Bar Council (JBC),Mandatory Continuing Legal Education Office (MCLEO),the PET, and the LCs.

2. Purpose. — The wearing of office uniform is in compliance with the mandate of the Constitution and the directive of the Code of Conduct and Ethical Standards for Public Officials and Employees (R.A. No. 6713) that all public officials must lead modest lives appropriate to their positions and income, and not indulge in extravagant or ostentatious display of wealth in any form. EScaIT

3. Entitlement. —

3.1 All officials and employees of the SC, including those of the OCA, PHILJA, JBC, MCLEO, PET and LCs, whether permanent, temporary, coterminous, casual or on part-time basis, shall be entitled to U/CA. Consultants and those hired through contracts of services are not entitled.

3.2 The U/CA for a calendar year shall be granted to officials and employees who

3.2.1 Are expected to render service at least six consecutive months for the calendar year; and

3.2.2 Have rendered service in the last six months of the previous year. [E.g.,for CY 2006 U/CA — must render service from 1 July 2005 to 30 June 2006].

3.3 Transferees from other government agencies who transferred in the first semester of the calendar year shall be entitled to U/CA provided that they comply with Item 3.2 hereof and submit certifications from their former agencies that they were not granted U/CA. Those who transferred in the second semester shall be deemed to have been granted the U/CA by their former agencies and shall no longer receive U/CA from the Court.

3.4 Refund of the U/CA shall be required of officials and employees who received their U/CA (either in cash or in kind) but failed to complete the service requirement provided in Item 3.2 hereof. For humanitarian considerations, refund shall not be required if the separation from service is due to the following:

3.4.1 Death; and

3.4.2 Total disability retirement, as approved by the Court.

3.5 Employees who are on leave without pay (authorized or unauthorized) for more than six consecutive months within the one-year period stated in Item 3.2 hereof shall not be entitled to U/CA.

4. Form of Uniform/Clothing Allowance. — The BAC shall, subject to the approval of the Chief Justice, determine whether the U/CA shall be given in cash or in kind (i.e., office uniform or uniform materials/fabric).For this purpose, the SC Fiscal Management and Budget Office and the OCA Financial Management Office shall coordinate with the BAC on matters relative to the release of funds for U/CA. STcAIa

5. Wearing of Office Uniform or Appropriate Office Attire. —

5.1 The BAC shall prescribe the schedule of the wearing of office uniform subject to the approval of the Chief Justice.

5.2 The wearing of office uniform may be suspended by the Chief Justice upon the recommendation of the BAC. In such a case, appropriate office attire shall be worn in lieu of office uniform.

5.3 Appropriate Footwear. — Appropriate footwear shall mean closed formal shoes. However, mules and sling back shoes that cover the toes are allowed.

5.4. Identification Card (I.D.).— I.D. forms part of the official uniform/appropriate office attire. Thus, it must be worn at all times while on official duty.

5.5 Prohibited Attire. — The following attire are prohibited when performing official functions:

5.5.1 Gauzy, transparent or net-like blouse or shirt;

5.5.2 Sando, sleeveless, strapless, or spaghetti-strapped blouse (unless worn as an undershirt),tank-tops, blouse with over-plunging necklines;

5.5.3 Collarless t-shirts;

5.5.4 Micro-mini skirt, walking shorts, cycling shorts, leggings, tights, jogging pants, capri pants, pedal pushers;

5.5.5 Sandals and step-ins exposing the toes; and

5.5.6 Rubber sandals, rubber slippers, bakya.

Skirts should be knee-length. Denim or "maong " pants, collarless t-shirts, rubber shoes, sandals and step-ins are allowed on Fridays only. aCHDAE

6. Exemptions from the Wearing of Office Uniforms. — The following are exempted from the wearing of office uniforms:

6.1 Officials in the SC who occupy positions belonging to Salary Grade 30 and above;

6.2 Judges, who may, however wear the uniform should they wish to;

6.3 Employees whose nature of work demands the wearing of a particular clothing;

6.4 Those whose religious affiliation or creed requires a particular clothing;

6.5 Those whose physical disability or health condition prevents them from wearing the prescribed office uniform;

6.6 Pregnant female employees, who may wear maternity attire during the period of their pregnancy; and

6.7 Employees who lost a loved one, who may instead wear mourning clothes during the period of mourning.

Requests for exemption shall be submitted for appropriate action to the Chairperson of either BAC for Office Uniforms for SC and PET or BAC Committee for Office Uniforms for the LCs, depending on the office assignment of the requesting party. IaHSCc

7. Proper Grooming. — The sporting of long and unkempt hair, as well as the wearing of earrings and other body ornaments, by male employees is not allowed.

8. Responsibilities of Officials and Employees when U/CA is in the form of Office Uniform.

8.1 All officials and employees concerned must have their individual body measurements taken by the official modiste or tailor on the scheduled dates.

8.2 In case the measurements are not taken on the scheduled dates, the officials and employees concerned shall:

8.2.1 Notify the BAC for Office Uniforms for the SC and PET in the case of the SC and PET officials and employees; and

8.2.2 Make the corresponding arrangement with the official modiste or tailor for the measurement taking in the case of the LC officials and employees.

8.3 The non-issuance of office uniform due to failure of officials and employees to comply with Items 8.2.1 and 8.2.2 shall constitute a waiver of the U/CA and shall be a ground for disciplinary action under this Circular for the non-wearing of the prescribed uniform.

8.4 In case of failure of the modiste or tailor to deliver the office uniform in time for the prescribed wearing thereof, the officials and employees concerned shall immediately notify the BAC in writing. Otherwise, they shall be considered not in uniform and shall be disciplinary dealt with, as provided in this Circular. DaScCH 

9. All claims for U/CA by officials and employees shall be brought in writing within the calendar year of the grant before the BAC for Office Uniforms for SC/PET and the BAC for Office Uniforms for LCs, as the case may be. Otherwise, such claims shall no longer be entertained and shall be deemed forfeited.

10. Implementation and Monitoring in the SC/PET. — All Chiefs of Offices, immediate supervisors, and officers and member of the BAC for Office Uniforms shall be responsible for:

10.1 Implementing this Circular;

10.2 Monitoring compliance of this Circular; and

10.3 Reporting and submitting cases of violations to the Chairperson of the BAC for Office Uniforms for appropriate disciplinary action.

The daily Report on Attendance and Tardiness (RAT) shall include a list of officials and employees who are not in office uniforms.

The personnel of the Security Division are hereby deputized to list down the names of officials and employees who do not comply with this Circular. The list shall indicate the date of commission of the violation and the name of the official or employee concerned, who must be informed of such violation. The list should be submitted to the BAC for Office Uniforms every afternoon.

11. Implementation and Monitoring in the Lower Courts. —

11.1 In single sala courts, the Clerk of Court shall be responsible in implementing and monitoring of compliance with this Circular. In multiple sala courts, a Committee on Office Uniforms shall be created, with the Clerk of Courts as Chairperson and with two members to be designated by the Executive Judge. IDTSEH

11.2 The Clerk of Court in the single sala courts and the Committee on Office Uniforms in multiple sala courts shall:

11.2.1 Ensure compliance on the wearing of office uniforms or appropriate office attire;

11.2.2 Act on requests for exemption under Item 6 hereof; and

11.2.3 Recommend to the BAC for Office Uniforms for LCs appropriate disciplinary actions for violations of this Circular.

12. Disciplinary Action for Non-Compliance. — Conformable with Section 22 (c), Rule XIV, Revised Omnibus Rules Implementing Book V of Executive Order No. 292 (Administrative Code of 1987)and other Pertinent Civil Service Law,which states that violations of reasonable office rules and regulations include the violation of CSC MC No. 19, s. 2000 (Dress Code), and pursuant to the Court's inherent power to discipline its personnel, the following penalties shall be imposed upon all erring personnel through administrative disciplinary proceedings for non-compliance with this Circular:

First offense	-	Reprimand
Second offense	-	Suspension without pay for one (1) to
		thirty (30) days
Third offense	-	Suspension without pay for one (1)
		month and one (1) day to six (6)
		months
Fourth offense	-	Dismissal from the service

13. Any matter not covered by this Circular shall be referred, for appropriate action, to the BAC for Office Uniforms for SC/PET, if it concerns officials and employees of the SC and PET, or the BAC for Office Uniforms for LCs, if it concerns officials and employees of the LCs. aCITEH

This Memorandum Circular supersedes all previous circulars on the same subject.

This Memorandum Circular shall take effect on 15 October 2005.

Issued this 13th day of October 2005.

(SGD.) HILARIO G. DAVIDE, JR.Chief Justice