Reconstitution of the OCA Grievance Committee for the Lower Courts

September 19, 2005

SUPREME COURT MEMORANDUM ORDER NO. 52-05

RECONSTITUTION OF THE OFFICE OF THE COURT ADMINISTRATOR GRIEVANCE COMMITTEE FOR THE LOWER COURTS

In the interest of the service and in accordance with the provisions of Rule XII (Complaints and Grievances) of the "Rules Implementing Book V of Executive Order No. 292 and Other Pertinent Civil Service Laws" subject of Resolution No. 91-1631 dated 27 December 1991 of the Civil Service Commission, which Chapter provides for the settlement of grievances in the public sector, the Office of the Court Administrator (OCA) Grievance Committee for the Lower Courts is hereby reconstituted as follows:

Chairperson	Hon. Ruben P. de la Cruz
	Assistant Court Administrator
Vice Chairperson	Caridad A. Pabello
	Officer-in-Charge
	Office of Administrative Services
Members	Edna J. Conde
	Court Attorney VI
	Office of Deputy Court Administrator
	Zenaida N. Elepano
	Arturo V. Noblejas
	Judicial Supervisor
	Office of Deputy Court Administrator
	Jose P. Perez
	Ma. Jean C. Lim
	Court Attorney VI
	Office of Deputy Court Administrator
	Christopher O. lock
	Caridad M. Walse-Lutero
	Court Attorney V
	Office of Asst. Court Administrator
	Antonio H. Dujua
	Vener B. Pimentel
	Court Attorney IV
	Legal Office
	Nenita R Grijaldo
	Clerk of Court V
	RTC (Branch 44) Manila
	PACE Representative-2nd Level Courts
	Severino C. Balubar, Jr.
	Sheriff IV
	RTC (Branch 118) Pasay City
	PACE Representative-1st Level Courts

 

The Committee shall see to the expeditious, fair and impartial settlement of grievances of lower court employees pursuant to and in accordance with the prescribed grievance procedure.

In consultation with the Members of the Committee, the Chairperson shall designate the Recorder Secretary and Assistant Recorder Secretary.

The Chairperson, Vice Chairperson, Members; Recorder Secretary and Assistant Recorder Secretary shall be entitled to the expense allowance authorized under Administrative Circular No. 13-99.

This Memorandum Order revokes OCA Office Order No. 21-2002 dated 02 September 2002 [Re: Constitution of the OCA Grievance Committee for the Lower Courts] and shall take effect upon its issuance.

Issued this 19th day of September 2005.

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

(SGD.) REYNATO S. PUNO Associate JusticeChairperson, Second Division(SGD.) ARTEMIO V. PANGANIBANAssociate Justice

(pursuant to and by virtue of the revised Resolution in A.M. No. 99-12-08-SC)

GRIEVANCE MACHINERY FOR THE LOWER COURTS

In line with the Revised Policies on the Settlement of Grievances in the Public Sector, enunciated under CSC Resolution No. 010113 and CSC Memorandum Circular No. 02, series of 2001, this grievance machinery referred to as Office of the Court Administrator Grievance Machinery for the Lower Courts, is hereby adopted for implementation by all concerned.

I. Objectives

a. To promote harmony in the workplace and thereby foster the productivity of lower court officials and employees for the betterment of the service;

b. To create a work atmosphere conducive to good supervisor-employee relations and improved employee morale; CAaSED

c. To settle grievances at the lowest level possible in the organization;

d. To serve as a catalyst for the development of capabilities of personnel on dispute settlement, especially among supervisors in the lower courts; and

e. To formalize the existing informal system of settling grievances in the lower courts.

II. Policies

a. A grievance shall be resolved expeditiously at all times at the lowest level possible in the agency. However, if not settled, at the lowest level, an aggrieved party shall present his grievance step by step following the hierarchy of positions.

b. The aggrieved party shall be assured freedom from coercion, discrimination, reprisal and biased action on the grievance.

c. Grievance proceedings shall not be bound by legal rules and technicalities. Even verbal grievance must be acted upon expeditiously. The services of a legal counsel shall not be allowed.

III. Scope

The OCA Grievance Machinery for the Lower Courts applies to all officials and employees of the Regional Trial Courts, Shari'a District Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts, and Shari'a Circuit Courts.

IV. Definition of Terms

a. Grievance — a work related discontentment or dissatisfaction which had been expressed verbally or in writing and which, in the aggrieved employee's opinion, has been ignored or dropped without due consideration.

b. Grievance Machinery — a system or method of determining and finding the best way to address the specific cause or causes of a grievance.

c. Bilis Aksyon Partner — is the counterpart Action Officer of the Civil Service Commission under the Mamamayan Muna Program in every agency pursuant to CSC MC No. 3, s. 1994. cSICHD

d. Immediate Supervisor — pertains to the Branch Clerk of Court/Officer-in-Charge in the branch or the Chief of a unit in the Office of the Clerk of Court.

e. Higher Supervisor — refers to the Presiding Judge other than the Executive Judge, or the Clerk of Court.

f. Second level position — refers to a position that requires professional Civil Service eligibility, the duties of which require completion of at least four (4) year course leading to a Bachelor's Degree.

g. First level position — refers to a position which does not require professional Civil Service eligibility.

V. Coverage

The following cases shall be acted upon through the grievance machinery:

a. Non-implementation of policies, practices and procedures on economic and financial issues and other terns and conditions of employment fixed by law including salaries, incentives, working hours, leave benefits, and other related terms and conditions;

b. Non-implementation of policies, practices and procedures which affect employees from recruitment to promotion, detail, transfer, retirement, termination, lay-offs, and other related issues that affect them;

c. Physical working conditions;

d. Interpersonal relationships and linkages;

e. Dissatisfaction concerning applications, indorsements and recommendations for promotion;

f. All other matters giving rise to employee dissatisfaction and discontentment outside of those cases enumerated above.

The following cases shall not be acted upon through the grievance machinery:

a. Disciplinary cases which shall be resolved pursuant to the Uniform Rules on Administrative Cases; IcTCHD

b. Sexual harassment cases as provided for in RA 7877; and

c. Employees Associations' issues and concerns.

d. Issues involving selection and qualification of the appointee which are within the authority of the Selection and Promotions Board to resolve.

VI. OCA Grievance Committee for the Lower Courts

Pursuant to Office Order No. 21-2002 dated 02 September 2002, the Office of the Court Administrator Grievance Committee for the Lower Courts was constituted. The following are the Chairperson and Members thereof:

Chairperson	Hon. Carlos L. de Leon
	Assistant Court Administrator
Vice Chairperson	Atty. Edgar A. Azarraga
	Court Attorney V
Members	Atty. Edna J. Conde
	Court Attorney VI
	Atty. Mark N. Marcos
	Court Attorney VI
	Atty. Ma. Jean C. Lim
	Court Attorney VI
	Atty. Caridad Walse-Lutero
	Court Attorney V
	Atty. Vener B. Pimentel
	OIC, Docket & Clearance Division,
	Legal Office, OCA
	Mrs. Rosario L. Salvador
	SC Chief Judicial Staff Officer
	MTC Personnel Division
	Office of Administrative Services
	Ms. Maria Cristita R. Santos
	Fiscal Controller IV,
	Financial Management Office
	Atty. Raymundo U. Tan
	Clerk of Court V-RTC, Branch 29, Manila
	PACE Representative-2nd Level
	Mr. Severino C. Balubar, Jr.
	Sheriff IV-RTC, Br. 118, Pasay City
	PACE Representative- 1st Level
Recorder-Secretary	Atty. Eduardo C. Tolentino
	Court Attorney VI
Asst. Recorder Secretary	Ms. Maria Rosario G. Gaticales
	Executive Assistant II

 

The OCA Grievance Committee for the Lower Courts is mandated to address grievance between or among lower court officials and employees and to formulate internal policies, procedures, guidelines and strategies for submission to and approval by the Supreme Court En Banc.

VII. Grievance Committee in the Lower Courts

There shall be an Employee Grievance Committee (EGC for multiple and single sala courts with the following composition:

A. Multiple Sala Courts

A.1. Second Level Courts

A.1.a. For multiple sala courts with three (3) or more branches

Chairman	Incumbent Executive Judge of the multiple sala court
Vice Chairman	Incumbent 1st Vice Executive Judge of the multiple sala court
Members (2)	One (1) PACE representative each from the first and second level positions, or in the absence of a PACE representative, a representative duly elected by the majority of the employees of the court concerned.

 

In case of the prolonged absence (30 days or more) of the Vice Chairman or where the grievance is against him, the Acting Vice Chairman shall be selected in the following order:

• the 2nd Vice Executive Judge;

• the 3rd Vice Executive Judge, in the absence of the 2nd Vice Executive Judge;

• the most senior (in terms of service in the Judiciary) Presiding Judge of the multiple sala court.

In case the grievance is against the regular Vice Chairman, the Acting Vice Chairman shall sit as such until the termination/resolution of the grievance.

In case of prolonged absence by the regular Vice Chairman, the Acting Vice Chairman shall sit as such until the termination/resolution of grievances where he took part in the deliberations.

A.1.b. Multiple sala second level courts with only two (2) branches

The EGC composition for these courts shall be the same as the composition of the EGG under A.1.a. However, the Vice Chairman shall be the Presiding Judge of the remaining branch.

In case of the prolonged absence (30 days or more) of the Vice Chairman, or where the grievance is against him, the Chairman shall designate as Acting Vice Chairman anyone of the Presiding Judges of the first level courts within his administrative supervision. EaCSTc

 

A.2. First Level Courts

A.2.a. Multiple sala first level courts with designated Vice Executive Judges

The composition of the EGC for these courts shall follow the composition under A.1.a.

In case of the prolonged absence (30 days or more) of the Vice Chairman or where the grievance is against him, the same procedure in designating an Acting Vice Chairman as provided for under A.1.a shall apply.

A.2.b. Multiple sala first level courts with no designated Vice Executive Judge

The composition of the EGC for these courts shall follow the composition under A.1.a. However, the Vice Chairman shall be the most senior (in terms of service in the Judiciary) Presiding Judge from among the remaining branches.

A.2.c. MeTC and MTCC with only two (2) branches

The composition of the EGC for these courts shall follow the composition under A.2.b.

In case of the prolonged absence (30 days or more) of the Vice Chairman, or where the grievance is against him, the Branch Clerk of Court of his branch shall act as Vice Chairman.

A.2.d. MTC multiple sala courts

The composition of the EGC for these courts shall be as follows:

Chairman	most senior (in terms of service in the Judiciary) Presiding Judge
Vice Chairman	next most senior Presiding Judge
Members (2)	One (1) PACE representative each from the first and second level positions, or in the absence of a PACE representative, a representative duly elected by the majority of the employees of the court concerned.

S

However, in the event that an Executive Judge has been designated, the Executive Judge shall automatically be the Chairman. The most senior of the remaining Presiding Judges shall be the Vice Chairman.

In case of prolonged absence (30 days or more) of the Vice Chairman, or where the grievance is against him, the procedure under A.2.b (for MTCs with 3 or more branches) or A.2.c. (for MTCs with only 2 branches) shall apply.

B. Single Sala Courts

B.1. Second level single sala courts

Chairman	Incumbent Executive Judge of the RTC single sala court
Vice Chairman	Any one of the Presiding Judges in the first level courts within the administrative supervision of the Executive Judge of the RTC single sala court as designated by such Executive Judge
Members (2)	One (1) PACE representative each from the first and second level positions, or in the absence of a PACE representative, a representative duly elected by the majority of the employees of the court concerned.

 

Where the grievance is against the Vice Chairman, the RTC Executive Judge shall designate any judge from the first level courts within his administrative supervision to act as Vice Chairman for that particular grievance.

B.2. First level single sala courts

Single sala first level courts shall be clustered with the EGC of the Regional Trial Court exercising administrative supervision over the concerned first level courts.

However, in the event that it would be quite burdensome on the part of any of the parties to personally seek resolution off their grievance, they may file their grievance in writing with the E.GC of the nearest and most accessible RTC.

C. Shari'a District/Circuit Courts

Chairman	Presiding Judge of the Shari'a District Court
Vice Chairman	Any one of the Presiding Judges of the Shari'a Circuit Courts within the administrative supervision of the EGC Chairman
Members (2)	One (1) representative each from the first and second level positions, selected by majority of the employees of the court concerned.

The Executive Judge shall constitute the EGC within fifteen (15) working days from approval of the OCA Grievance Machinery for the Lower Courts. AHTICD

VIII. Procedure

The procedure for seeking redress of grievances shall be as follows:

A. Grievance of Parties Within the same Branch/Office

A.1. Discussion with Immediate Supervisor

At the first instance, a grievance shall be presented verbally or in writing by the aggrieved party to his immediate supervisor.

The immediate supervisor may call the party against whom the grievance is directed; or schedule an immediate conference between the parties; or perform such other acts that will most expeditiously deal with the grievance presented.

The immediate supervisor shall inform the aggrieved party of the corresponding action within' three (3) working days fiom the date of presentation.

A.2. Appeal to the Higher Supervisor

If the aggrieved party is not satisfied with the verbal decision, he may submit the grievance either verbally or in writing, within five (5) working days to the next higher supervisor who shall render his written decision within five (5) working days from receipt of the grievance.

The Higher Supervisor may call the parties to discuss the problems presented, or perform such other acts that will expeditiously dispose of or solve the grievance. ATSIED

A.3. Absence of Immediate Supervisor

In the absence of the immediate supervisor in items A and B, the OIC/Pairing/Acting Judge shall act on the grievance.

B. Grievance of Parties Belonging to Different Branches/Offices

B.1. Discussion with the Immediate Supervisor of the respondent.

Whenever the parties involved belong to different offices, the grievance shall be presented to the immediate supervisor of the respondent either verbally or in writing. Such grievance shall be resolved by the immediate supervisor within five (5) working days from date of filing.

The immediate supervisor may call the party against whom the grievance is directed; or schedule an immediate conference between the aggrieved party and the party against whom the grievance is directed; or perform such other acts that will most expeditiously deal with the grievance presented.

B.2. Appeal to the Higher Supervisor of the respondent.

The resolution of the immediate supervisor may be elevated to the higher supervisor of the respondent either verbally or in writing within five (5) working days from receipt thereof. The higher supervisor of the respondent shall render his written decision within five (5) working days from receipt of the appealed grievance. The Higher Supervisor may call the parties to discuss the problems presented, or perform such other acts that will expeditiously dispose of or solve the grievance.

B.3. Absence of Higher Supervisor

In the absence of the higher supervisor in items A and B, the OIC/Pairing/Acting-Judge shall act on the grievance.

C. Grievance against Immediate Supervisor

Where the object of the grievance is the immediate, supervisor, the aggrieved party may bring the, grievance to the higher supervisor of the latter, who shall in turn render a decision in writing within five (5) working days from receipt of the grievance.

In all cases under A, B and C, the decision of thehigher supervisor may be appealed to the EGC within five (5) working days from receipt of the decision.

The EGC may conduct an investigation and hearing within ten (10) working days from receipt of the appealed grievance and render a written decision within five (5) working days after the investigation. Thereafter, it shall issue a Certification on the Final Action on the Grievance (CFAG) which shall contain, among others, the history and action taken on the grievance. cSHATC

D. Grievance against the Higher Supervisor

Where the object of the grievance is the higher supervisor, the aggrieved party may submit the grievance, verbally or in writing, to the EGC.

The EGC shall render its written decision on the grievance within five (5) working days from its submission.

E. Grievance against the Executive Judge

Where the object of the grievance is the Executive Judge, the aggrieved party may submit the grievance, verbally, or in writing, to the OCA Grievance Committee for appropriate action.

The OCA Grievance Committee shall render its written decision on the grievance within fifteen (15) working days from the date the grievance is submitted for resolution.

F. Appeal to the OCA Grievance Committee

The decision of the EGC in A, B, C and D. may be appealed to the OCA Grievance Committee within fifteen (15) working days from receipt thereof. Together with the appeal, the aggrieved party shall submit the Certification on the Final Action on the Grievance (CFAG) issued by the EGC.

G. Appeal to the Office of the Court Administrator

The decision of the OCA Grievance Committee may be appealed to the Office of the Court Administrator within fifteen (15) working days; from receipt of the decision. The aggrieved party is required to submit together with the appeal, the Certification on the Final Action on the Grievance (CFAG) issued by the OCA Grievance Committee.

H. Periods

The periods within which action on a grievance is required to be made or appeals may be taken as herein provided shall be non-extendible in line with the policy to resolve grievances expeditiously at all times.

IX. Bills Aksyon Partner

Pursuant to CSC Memorandum Circular No. 2, s. 2001, a Bills Aksyon Partner (BAP), who shall be designated by the Court Administrator, shall serve as the action officer of the OCA Grievance Committee for the Lower Courts. He shall promptly render assistance to lower court employees :for the redress of their grievances through the grievance machinery as established by the Office of the Court Administrator.

The BAP shall ensure that grievances are resolved expeditiously at the lowest level possible in the agency.

A BAP shall likewise be designated by the Executive Judge to serve as the action officer for the EGC. SHTcDE

X. Grievance Forms

The following forms shall be used:

	1.      Grievance Form
	GRIEVANCE FORM
	[ ] Within the Branch/Office	[ ] Interbranch/Interoffice
	___________
	(Date Filed)
	_____________________	_________________
	Name of Aggrieved Party	Branch/Office
	__________________________	_________________________
	Position Title/Designation (if any)	Aggrieved Party's/Respondent's
		Higher Supervisor
	Nature/Subject of Grievance:
	______________________
	______________________
	Action desired:
	______________________
	______________________
		_______________________
		Signature of Aggrieved Party
	2.      Grievance Agreement Form
	GRIEVANCE AGREEMENT FORM
	Name of Parties to a Grievance _______________________________
	Nature of the Grievance _____________________________
	Steps toward Settlement _______________________________
	Agreements Reached
	_________________________________________________________
	_________________________________________________________
	We promise to abide by the above-stated agreements.
	__________________	___________________
	Aggrieved Party	Subject of Grievance
	__________________________
	Chairman, Grievance Committee
	3.      Certificate of Final Action on the Grievance
	CERTIFICATE OF FINAL ACTION ON THE GRIEVANCE
	This certifies that the grievance filed by ______________________
(Aggrieved Party) on ___________________ has been acted upon by this Committee on _______________________.
	Final Action Taken: ___________________
	_________________________
		__________________
		Chairman
		Grievance Committee
	Date ___________________
	4. Quarterly Report of the EGC
	EMPLOYEE GRIEVANCE COMMITTEE (EGC) QUARTERLY REPORT
	FOR THE PERIOD ___________________
Branch No. ___________________________________________
City/Municipality (Station) ________________________________
Province ______________________________________________
If clustered, specify court where clustered _____________________
	I.      Number of Pending Grievances at the
	Beginning of the Quarter
	II.      Number of Grievances Filed
	III.     Total Number of Disposed Grievances
	IV.     Pending Grievances at the     Parties     Date Received     Nature of Grievance Action Taken
	end of the Quarter*
	* Supplemental paper may be used if necessity.
	Certified correct: ____________________
		EGC Chairman
	Date Submitted: ____________________

 

XI. Pro-Active Measures

a. The Office of the Court Administrator shall ensure equal opportunity for men and women in the lower courts to be represented in the grievance committee.

b. The OCA Grievance Committee and the Employee Grievance Committee shall develop and implement pro-active measures that would prevent grievance such as employee assembly, "talakayan", counseling and other Human Resource Development Programs.

c. The OCA Grievance Committee and the Employee Grievance Committee shall conduct training information drives on Grievance Machinery among officials and employees of the lower courts in collaboration with the Office of Administrative Services, OCA.

XII. Quarterly Report

The Employee Grievance Committee shall submit a report of its accomplishments and status of unresolved grievances to the OCA Grievance Committee within ten (10) days after the end of each quarter. The OCA Grievance Committee shall submit a consolidated quarterly report, duly noted by the Court Administrator, to the Civil Service Commission Regional Office.

XIII. Liabilities

Supervisors or officials who refuse to take action on a grievance brought to their attention shall be liable for neglect of duty.

XIV. Effectivity

This Grievance Machinery for the Lower Courts shall take effect inunediately upon approval by the Supreme Court En Banc.

XV. Commitment

The Office of the Court Administrator hereby commits to implement the provisions of this Grievance Machinery in accordance with existing civil service law and rules.

(SGD.) PRESBITERO J. VELASCO, JR.