Revised Grievance Machinery for the Lower Courts

November 11, 2008

SUPREME COURT ADMINISTRATIVE CIRCULAR NO. 127-08

REVISED 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, and adopted in OCA Circular No. 03-2006, the Revised Grievance Machinery for the Lower Courts is hereby instituted 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 improvement of the service;

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

c. To settle grievances at the lowest possible level 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 possible level in 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. cADSCT

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 Revised 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. 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.

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

c. 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.

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

e. Higher Supervisor — refers to the Clerk of Court of a multiple-sala trial court or the Presiding Judge other than the Executive Judge.

f. Immediate Supervisor — pertains to:

f.1. the clerk of court/officer-in-charge in a single-sala trial court; CAIaHS

f.2. the branch clerk of court/officer-in-charge in a branch of a multiple-sala trial court; and

f.3. the chief of a unit or the clerk of court/officer-in-charge in the Office of the Clerk of Court of a multiple-sala trial court.

g. Second level position — refers to a position that requires professional Civil Service eligibility and completion of at least four (4) year course leading to a Bachelor's Degree.

V. Coverage

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

a. Non-implementation of policies, practices and procedures on economic and financial issues and other terms 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;

c. Physical working conditions;

d. Interpersonal relationships and linkages;

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

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;

b. Sexual harassment cases as provided for in R.A. No. 7877;

c. Employees Associations' issues and concerns; and EaCSHI

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

VI. OCA Grievance Committee for the Lower Courts

There shall be an OCA Grievance Committee for the Lower Courts (OCA-GCLC) which shall be composed of:

Chairperson	—	designated Assistant Court Administrator
Vice-Chairperson	—	chosen from among the members
Members	—	One (1) representative from the:
	—	Office of the Court Administrator
	—	Office of the Deputy Court Administrator 1
	—	Office of the Deputy Court Administrator 2
	—	Office of the Deputy Court Administrator 3
	—	Office of the Asst. Court Administrator
	—	Office of Administrative Services, OCA
	—	Legal Office, OCA
	—	Financial Management Office, OCA
	—	Designated Bilis Aksyon Partner
	—	Philippine Association of Court Employees
			- 1st Level Position
			- 2nd Level Position
Recorder-Secretary	—	Designated by the Chairperson
Asst. Recorder Sec.	—	Designated by the Chairperson

The Court Administrator shall designate the Chairperson and the members of the Committee. DAETcC

The OCA-GCLC is the appellate body of all unresolved grievances between or among lower court officials and employees. To this end, it shall 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 for the Lower Courts (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: (1) the prolonged absence (30 days or more) of the Vice-Chairman, or (2) where he has to sit as Acting Chairman, or (3) 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 of the regular Vice Chairman, the Acting Vice Chairman shall sit as such until the termination/resolution of the grievances where he took part in the deliberations. EAcHCI

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 EGC under A.1.a. However, the Vice Chairman shall be the Presiding Judge of the remaining branch.

In case of: (1) the prolonged absence (30 days or more) of the Vice Chairman, or (2) where he has to sit as Acting Chairman, or (3) where the grievance is against him, the Chairman shall designate as Acting Vice Chairman any one of the Presiding Judges of the first: level courts within his administrative supervision.

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: (1) the prolonged absence (30 days or more) of the Vice Chairman, or (2) where he has to sit as Acting Chairman, or (3) 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 Presiding Judge (in terms of service in the Judiciary) from among the remaining branches. AICHaS

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: (1) the prolonged absence (30 days or more) of the Vice Chairman, or (2) where the Vice Chairman has to sit as Acting Chairman, or (3) where the grievance is against him, the Branch Clerk of Court of his branch shall act as Vice Chairman.

A.2.d. Multiple sala MTCs

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

Chairman	—	most senior Presiding Judge (in terms of service in the
		Judiciary)
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.

 

However, in the event that an Executive Judge is 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: (1) prolonged absence (30 days or more) of the Vice Chairman, or (2) where he has to sit as Acting Chairman, or (3) 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 to be 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 of their grievance, they may file their grievance in writing with the EGC of the nearest and most accessible RTC.

C. SHARI'A DISTRICT/CIRCUIT COURT

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 a majority of the
		employees of the court concerned.

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

A report on the compliance with this provision shall be submitted by the Executive Judges within ten (10) days from the constitution of their respective EGCs.

VIII. Procedure

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

All grievances at the first instance may be presented either verbally or in writing, in line with the objective of settling grievances at the lowest possible level. The immediate supervisor to whom the grievance is presented shall render a written report on the action taken thereon. A copy of the report shall be filed with the EGC of the station for record purposes. aAHTDS

Upon appeal, however, a grievance shall always be presented in writing.

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. DTSaHI

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

A.2. Appeal to the Higher Supervisor

If the aggrieved party is not satisfied with the decision, he may submit the grievance 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 or the grievance.

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

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. aSIDCT

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, either verbally or in writing to the immediate supervisor of the respondent.

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.

Such grievance shall be resolved by the immediate supervisor within five (5) working days from date of filing.

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

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, either verbally or in writing, 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 the higher supervisor may be appealed to the EGC-LC within five (5) working days from receipt of the decision.

The EGC-LC 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. HAIDcE

D. Grievance against the Higher Supervisor

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

The EGC-LC 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, either verbally or in writing, to the OCA-GCLC for appropriate action.

The OCA-GCLC 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 for the Lower Courts (OCA-GCLC)

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

G. Appeal to the Office of the Court Administrator

The decision of the OCA-GCLC may be appealed to the Office of the Court Administrator within fifteen (15) working days from receipt of the decision by the aggrieved party. 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-GCLC.

H. Periods

The periods herein provided shall be non-extendible in line with the policy to resolve grievances expeditiously at all times.

IX. Bilis Aksyon Partner

There shall be a Bilis Aksyon Partner (BAP) in the OCA-GCLC who shall be designated by the Court Administrator. The BAP, as action officer of the OCA-GCLC, shall promptly render assistance to lower court employees for the redress of their grievances and shall ensure that grievances are resolved expeditiously at the lowest possible level in the lower courts. aICHEc

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

X. Reports, Forms and Records of Proceedings

Written reports of the EGC-LC shall be accompanied by the prescribed grievance forms, enumerated hereunder.

Moreover, records of the proceedings conducted in the EGC-LC and OCA-GCLC may be obtained, if warranted under the circumstances, by the parties upon written request. All expenses therefore shall be paid by the requesting parties.

The following forms shall be used:

1. Grievance Form

2. Grievance Agreement Form

3. Certificate of Final Action on the Grievance

4. Quarterly Report of the EGC

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. EAHcCT

b. The OCA Grievance Committee for the Lower Courts and the Employee Grievance Committee for the Lower Court 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-GCLC and the EGC-LC 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. ETIDaH

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

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

If the grievance also includes a specific violation constituting a ground for administrative sanction, the aggrieved party may file a separate action with the Legal Office, OCA. However, the EGC-LC or the OCA-GCLC may, in the interest of the service, motu proprio refer the matter to the Legal Office, OCA, for appropriate action.

XIV. Commitment

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

XV. Repealing Clause

OCA Circular No. 03-2006 dated January 5, 2006 is hereby repealed and superseded by this Circular.

XVI. Effectivity

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

Issued this 11th day of November 2008.

 

(SGD.) REYNATO S. PUNOChief Justice