ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
September-2009 Jurisprudence                 

  • A.C. No. 6672 - Pedro L. Linsangan v. Atty. Nicodemes Tolentino

  • A.C. No. 5955 - John Christen S. Hegna v. Atty. Goering G.C. Paderanga

  • A.C. No. 7297 - Imdelda Bides-Ulaso v. Atty. Edita Noe-Lacsamana

  • A.C. No. 7435 - Rey C. Sarmiento, et al. v. Atty. Edelson G. Oliva

  • A.C. No. 7547 - Gregory U. chan v. NLRC Commissioner Romeo L. Go, et al.

  • A.C. No. 7910 - Wen Ming W. Chen a.k.a. Domingo Tan v. Atty. F.D. Nicolas B. Pichay

  • A.M. No. 01-1-04-SC-PHILJA - Re: Further clarifying and strengthening the organization strcture and administrative set-up of the Philippine Judicial Academy

  • A.M. No. 06-3-07-SC - Request for the approval of the revised qualification standard for the chief of MISO

  • A.M. No. 2009-04-SC - Complaint of Atty. Wilhelmina D. Geronga againts Mr. Ross C. Romero, driver, shuttle bus no. 5 for reckless driving

  • A.M. No. CTA-05-2 - Office of the Court Administrator v. Concepcion G. Espineda, etc.

  • A.M. No. MTJ-06-1623 Formerly OCA IPI No. 04-1635-MTJ, A.M. NO. MTJ-06-1624 Formerly OCA IPI No. 04-1636-MTJ, A.M. NO. MTJ-06-1625 Formerly OCA IPI No. 04-1630-MTJ, A.M. NO. MTJ-06-1627 Formerly OCA IPI No. 04-1661-MTJ, A.M. NO. P-09-2693 Formerly OCA IPI

  • A.M. No. P-05-2046 Formerly No. 05-6-159-MCTC - Office of the Court Administrator v. Clerk of Court Fe P. Ganzan, MCTC, Jasaan, Misamis Oriental

  • A.M. No. P-06-2264 Formerly OCA I.P.I Nos. 05-2136-P and 05-2137-P - Atty. Lelu P. Contreras v. Teresita O. Monge, Clerk IV, Rigional Trial Court - Office of the Clerk of Court, Iriga City

  • A.M. No. P-07-2332 Formerly OCA I.P.I No. 07-2511-P - Dr. Salome U. Jorge v. Carlos P. Diaz, Deputy Sheriff, RTC, Branch 20, Tacurong, Sultan Kudarat

  • A.M. No. P-08-2433 Formerly OCA IPI No. 07-2667-P - Judge Jenny Lind Aldecia-Delorino v. Marilyn De Castro Remigio-Versosa, Clerk III, Regional Trial Court, Branch 137, Makati City

  • A.M. No. P-08-2570 Formerly A.M. OCA IPI No. 07-2547-P - Leticia Sales v. Arnel Jose A. Rubio, Sheriff IV, RTC, OCC, Naga City

  • A.M. No. P-09-2685 OCA-IPI No. 08-2839-P - P/Supt. Rene Macaling Orbe v. Marcos U. Digandang, Process Server, Regional Trial Court, Branch 14, Cotabato City

  • A.M. No. RTJ-01-1650 Formerly OCA IPI No. 01-1195-RTJ - Margie Corpus Macias v. Mariano v. Mariano Joaquin S. Macias, Presiding Judge, Branh 28, Regional Trial Court, Liloy, Zamboanga del Norte

  • A.M. No. RTJ-07-2089 Formerly OCA I.P.I. No. 07-2659-RTJ and A.M. NO. RTJ-0921-99 Formerly OCA I.P.I. No. 07-2698-RTJ- Land Bank of the Philippines v. Judge Ernesto P. Pagayatan

  • G.R. No. 132826 - Rolando Saa v. Integrated Bar of the Philippines, Commissoion on Bar Discipline, Board of Governors, Pasig City and Atty. Freddie A. Venida

  • G.R. NOS. 140743 & 140745 and G.R. NOS. 141451-52 - City Government of Tagaytay v. Hon. Eleuterio F. Guerrero, etc. et al.

  • G.R. No. 146534 - Spouses Hu Chuan Hai and Leonica Lim Hu v. Spouses Renato Unico and Maria Aurora J. Unico

  • G.R. NOS. 147026-27 - Carolina R. Javier v. Sandiganbayan, et al.

  • G.R. No. 148444 - Associated Bank (now United Overseas Bank [Phils.]) v. Spouses Rafael and Monaliza Pronstroller/Spouses Eduardo and Ma. Pilar Vaca (Intervenors)

  • G.R. No. 149588 - Francisco R. Llamas, et al. v. The Honorable Court of Appeals, et al.

  • G.R. No. 150664 - Vicente Dacanay, in his capacity as administrator of the Testate Estate of Tereso D. Fernandez v. Hon. Raphael Prastora Sr., etc., et al.

  • G.R. No. 151969 - Valle Verde Country Club, Inc., et al. v. Victor Africa

  • G.R. No. 152101 - Emcor, Incorporated v. Ma. Lourdes D. Sienes

  • G.R. No. 152614 - Salvador A. Fernandez v. Cristina D. Amagna

  • G.R. No. 154720 - Juan Balbuena and Teodulfo Retuya v. Leona Aparicio Sabay, et al.

  • G.R. No. 156164 - Sps. Leonardo and Milagros Chua v. Hon. Jacinto G. Ang, et al.

  • G.R. No. 157901 - Orix Metro Leasing and Finance Corporation v. M/V "PILAR-I" and Spouses Ernesto Dy and Lourdes Dy

  • G.R. No. 157952 - Jowett K. Golango v. Jone B. Fung

  • G.R. No. 158630 and G.R. No. 162047 - Joyce Y. Lim, represented by her attorney-in-fact Bernardo M. Nicolas

  • G.R. No. 159116 - Sps. Nestor and Felicidad Dadizon v. Hon. Court of Appeals and Sps. Dominador and Elsa Mocorro

  • G.R. No. 159710 - Carmen A. Blas v. Spouses Eduardo and Salud Galapon

  • G.R. No. 161902 - Edgar Mercado v. People of the Philippines

  • G.R. No. 162104 - R Transport Corporation v. Eduardo Pante

  • G.R. No. 163270 - Eduardo M. Tomada, Sr. v. RFM Corporation-Bakery Flour Division, et al.

  • G.R. No. 164104 - Philippine National Bank v. Gregorio B. Maraya, Jr. and Wenefrida Maraya

  • G.R. No. 164205 - Oldarico S. Trave o, et al. v. Bobongon Banana Growers Multi-Purpose Cooperative, et al.

  • G.R. No. 164435 - Victoria S. Jarillo v. People of the Philippines

  • G.R. No. 164549 - Philippine National Bank v. Spouses Agustin and Pilar Rocamora

  • G.R. No. 164815 - Sr. Inspector Jerry Valeroso v. Court of Appeals and People of the Philippines

  • G.R. No. 165141 - Peregina Mistica v. Republic of the Philippines

  • G.R. No. 166516 - Emma Ver Reyes and Ramon Reyes v. The Register of Deeds of Cavite, et al.

  • G.R. No. 166857 - D.M. Wenceslao & Associates, inc. v. Freyssinet Philippines, Inc.

  • G.R. No. 167330 - Philippine Health Providers, Inc. v. Commissioner of Internal Revenue

  • G.R. No. 167569, G.R. No. 167570 & G.R. No. 171946 - Carlos T. Go., Sr., v. Luis T. Ramos

  • G.R. No. 167955 Formerly G.R. No. 151275 - People of the Philippines v. Armando Padilla y Nicolas

  • G.R. No. 167995 - Julita V. Imuan, et al. v. Juanito Cereno, et al.

  • G.R. No. 168151 - Regional Container Lines (RCL) of Singapore and Shipping Agency v. The Netherlands Insurance Co. (Philippines) Inc.

  • G.R. No. 168446 Formerly G.R. NOS. 144174-75 - People of the Philippines v. Ernesto Cruz, Jr. y Concepcion, et al.

  • G.R. No. 168927 - Arsenio F. Quevedo, et al. v. Benguet Electric Cooperative Incorporated, et al.

  • G.R. No. 169228 - The Alexandra Condominium Corporation v. Laguna Lake Development Authority

  • G.R. No. 169364 - People of the Philippines v. Evangeline Siton y sacil, et al.

  • G.R. No. 169641 - People of the Philippines v. Richard O. Sarcia

  • G.R. No. 169889 - Spouses Simon Yap and Milagros Guevarra v. First e-Bank, Inc.

  • G.R. No. 169919 - B.D. Long Span Builders, Inc. v. R.S. Ampeloquio Realty Development Inc.

  • G.R. No. 169940 - Univeristy of Santo Tomas v. Samahang Manggagawa ng UST (SM-UST)

  • G.R. No. 170072 - Joaquin P. Obieta v. Edward Cheok

  • G.R. No. 170342 - Allan Dizon v. People of the Philippines

  • G.R. No. 170482 - Manila Electric Company v. Aguida Vda. De Santiago

  • G.R. No. 171018 - People of the Philippines v. Elly Naelga

  • G.R. No. 171260 - Amparo Robles Cabreza v. Ceferino S. Cabreza Jr., et al.

  • G.R .No. 171491 - Dr. Castor C. De Jesus v. Rafel D. Guerrero III, Cesario R. Pagdilao and Fortuna B. Aquino

  • G.R. No. 171681 - Kei Marie and Bianca Angelica both surnamed Abrera, minors, represented by their parents Evelyn C. Abrera, et al. v. Hon. Romeo F. Barza, in his capacity as Presiding Judge of Regional Trial Court, Branch 61, Makati City and College Assu

  • G.R. No. 171984 - Bandila Maritime Services, Inc. and/or Tokomaru Kaiun Co., Ltd. v. Rolando Dubduban

  • G.R. No. 172217 - Spouses Lydia Flores-Cruz, et al. v. Spouses Leonardo and Iluminada Goli-Cruz, et al.

  • G.R. No. 172447 & G.R. No. 179404 - Iglesia Evangelisca Metodista En Las Islas Filipinas (IEMELIF), Inc. v. Nataniel B. Juane/Nataniel B. Juane v. Iglesia Evangelisca Metodista En Las Islas Filipinas (IEMELIF), Inc.

  • G.R. No. 174116 - Eastern Shipping Lines, Inc. v. Prudential Guarantee and Assurance, Inc.

  • G.R. No. 175064 - Province of Camarines Sur, represented by Governor Luis Raymund F. Villafuerte, Jr. v. Hon. Court of Appeals and City of Naga, represented by Mayor Jesse M. Robredo

  • G.R. No. 175172 - Cresencia Achevara, Alfredo Achevara and Benigno Valdez v. Elvira Ramos, John Arnel Ramos and Kristine Camille Ramos

  • G.R. No. 175528 - PO3 Benito Sombilon, Jr. v. People of the Philippines

  • G.R. No. 175490 - Ileana Dr. Macalino v. Bank of the Philippines Islands

  • G.R. No. 176014 - Alice Vitangcol and Norberto Vitangcol v. New Vista Properties, Inc., et al.

  • G.R. No. 176040 - Casa Cebuana Incoporada, et al. v. Ireneo P. Leuterio

  • G.R. No. 176364 - Juanito R. Rimando v. Commission on Elections and Norma O. Magno

  • G.R. No. 176546 - Felicitas P. Ong v. The People of the Philippines

  • G.R. No. 176700 - Romero Montederamos v. Tri-Union International Corporation

  • G.R. No. 177056 - The Office of the Solicitor General v. Ayala Land Incorporated, et al.

  • G.R. No. 177066 - Joselito Musni Puno (as heir of the late Carlos Puno) v. Puno Enterprises, Inc., represented by Jesusa Puno

  • G.R. No. 177456 - Bank of the Philippine Isalands v. Domingo R. Dando

  • G.R. No. 177531 - Civil Service Commission v. Fatima A. Macud

  • G.R. No. 177705 - Kimberly-Clark Philippines, Inc. v. Nora Dimayuga, et al.

  • G.R. No. 177753 - People of the Philippines v. Benjamin Ocampo

  • G.R. No. 177836 - Edwino A. Torres (deceased), represented and substitute by Alfonso P. Torres III, et al.

  • G.R. NOS. 177857-58, G.R. NO. 178193 and G.R. NO. 180705 - Philippine Coconut Producers Federation, Inc. (COCOFED), Manuel V. Del Rosario, Domingo P. Espina, et al. v. Republic of the Philippines

  • G.R. No. 178034, G.R. No. 178117 and G.R. NOS. 186984-85 - Andrew Jame Mcburne v. Eulalio Ganzon, et al.

  • G.R. No. 178485 - People of the Philippines v. Mariano Sapigao, Jr.

  • G.R. No. 178529 - Equitable PCI Bank, Inc (now known as Banco De Oro-EPCI, Inc.) v. Heirs of Antonio C. Tiu, et al.

  • G.R. No. 178543 - People of the Philippines v. Aristo Villanueva

  • G.R. No. 178933 - Recardo S. Silverio, Jr. v. Court of Appeals and Nelia S. Silverio-Dee

  • G.R. No. 179103 and G.R. NO. 180209 - National Power Corporation v. Premier Shipping Lines, Inc.

  • G.R. No. 179213 - People of the Philippines v. Nicolas Gutierrez y Licunan

  • G.R. No. 179313 - Makil U. Pundaodaya v. Commission on Elections, et al.

  • G.R. No. 179319 - Eugene C. Firaza v. People of the Philippines

  • G.R. No. 179475 - People of the Philippines v. Daniel Sibunga y Agtoca

  • G.R. No. 179502 - Progressive Trade & Service Enterprises v. Maria Milagrosa Antonio

  • G.R. No. 179583 - Jimmy L. Barnes a.k.a. James Barnes v. Teresita C. Reyes, et al.

  • G.R. No. 179799 - Zenaida R. Gregorio v. Court of Appeals, et al.

  • G.R. No. 179862 - Land Bank of the Philippines v. Heirs of Asuncion Anonuevo Vda. Santos, et al.

  • G.R. No. 179944 - People of the Philippines v. Antonio Ortiz, et al.

  • G.R. No. 179985 - Pdilon L. Martinez v. B&B Fish Broker and/or Norberto M. Lucinario

  • G.R. No. 180274 - Virgilio C. Crystal and Glynna F. Cystal v. Bank of the Philippines Islands

  • G.R. No. 180453 - Republic of the Philippines v. Dante C. Abril, represented by his Attorney-in-fact, Manuel C. Blaco, Jr.

  • G.R. No. 180478-79 - The Heritage Hotel of Manila v. National Labor Relations Commission, Rufino C. Ra on II, and Ismael C. Villa

  • G.R. No. 180508 - People of the Philippines v. Antonio v. Antonio Ramos y Viray

  • G.R. No. 180693 - Bonifacio Dolera y Tejada v. People of the Philippines

  • G.R. No. 180863 - Angelita Valdez v. Republic of the Philippines

  • G.R. NOS. 180880-81 and G.R. NOS. 180896-97 - Keppel Cebu Shipyard, Inc. v. Pioneer Insurance and Surety Corporation

  • G.R. No. 180888 - Rolando Placido and Edgardo Caragay v. National Labor Relations Commission and Philippine Long Distance Telephone Company, Incorporated

  • G.R. No. 180992 - Elmer Diamante y Sioson, et al. v. People of the Philippines

  • G.R. No. 181081 - People of the Philippines v. Roldan Arcosiba alias "Entoy"

  • G.R. No. 181300 - Malayan Insurance Co., Inc. v. Jardine Davies Transport Services, Inc. and Asian Terminals, Inc.

  • G.R. No. 181303 - Carmen Danao Malana, et al. v. Benigno Tappa, et al.

  • G.R. No. 181503 - Bio Quest Marketing Inc. and/or Jose L. Co v. Edmund Rey

  • G.R. No. 181613 - Rosalinda A. Penera v. Commission on Elections and Edgar T. Andanar

  • G.R. No. 181629 - People of the Philippines v. Elizardo Cabiles alias "SARDO"

  • G.R. NOS. 181999 & G.R. No. 182001-04 and G.R. NOS. 182020-24 - Ofelia Caunan v. People of the Philippines, et al.

  • G.R. No. 182185 - Joaquin Ga, Jr., et al. v. Spouses Antonio Tabungan, et al.

  • G.R. No. 182320 - Tacloban Far East Marketing Corporation, et al. v. The Court of Appeals, et al.

  • G.R. No. 183088 - People of the Philippines v. Donato Capco y Sabadlab

  • G.R. No. 183141 - Edgardo H. Catindig v. People of the Philippines, et al.

  • G.R. No. 183142 - Rosita A. Montanez v. Provincial Agrarian Reform Adjudicator (PARAD), et al.

  • G.R. No. 183387 - Simeon M. Valdez v. Financiera Manila Inc.

  • G.R. No. 183457 - People of the Philippines v. Roel Arbalate, et al.

  • G.R. No. 183546 - Wilson A. Go v. Harry A. Go

  • G.R. No. 183646 - Great Southern Maritime Services Corp., et al. v. Leonila Surigao, et al.

  • G.R. No. 183656 - Gilbert Zalameda v. People of the Philippines

  • G.R. No. 183802 - Alexander Tam Wong v. Catherine Factor-Koyoma

  • G.R. No. 183965 - Joanie Surposa Uy v. Jose Ngo Chua

  • G.R. No. 184037 - Antonio Lopez y Dela Cruz v. People of the Philippines

  • G.R. No. 184225 - Spouses Rogelio F. Lopez and Teotima G. Lopez v. Samuel R. Espinosa and Angelita S. Espinosa

  • G.R. No. 184252 - China Banking Corporation v. Sps. Wenceslao & Marcelina Martir

  • G.R. No. 184268 - Ernesto Batalla v. Commission on Elections and teodoro Bataller

  • G.R. No. 184285 - Rodolfo "Rudy" Canlas, et al. v. Iluminada Tubil

  • G.R. No. 184735 - Miriam B. Elleccion vda. De Lecciones v. National Labor Relations Commission, et al.

  • G.R. No. 184958 - People of the Philippines v. Anthony C. Domingo and Gerry Domingo

  • G.R. No. 185001 - Ronnie H. Lumayna, et al. v. Commission on Audit

  • G.R. No. 185203 - People of the Philippines v. Domingo Araojo

  • G.R. No. 186138 - People of the Philippines v. Loreto Daria y Cruz

  • G.R. No. 186497 - People of the Philippines v. Hasanaddin Guira y Bansil

  • G.R. No. 187043 - People of the Philippines v. Lorenzo Oliva y Rosela

  • G.R. No. 187156 - People of the Philippines v. Melody Gutierrez y Lauriada

  • G.R. No. 187503 - People of the Philippines v. Tecson Lim y Chua and Maximo Flores y Viterbo

  • G.R. No. 188456 - Harry L. Roque, et al. v. Commission on Election, et al.

  •  





     
     

    A.M. No. 06-3-07-SC - Request for the approval of the revised qualification standard for the chief of MISO

      A.M. No. 06-3-07-SC - Request for the approval of the revised qualification standard for the chief of MISO

    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [A.M. NO. 06-3-07-SC : September 10, 2009]

    RE: REQUEST FOR APPROVAL OF THE REVISED QUALIFICATION STANDARD FOR THE CHIEF OF MISO.

    R E S O L U T I O N

    NACHURA, J.:

    For this Court's resolution is the request for revision of the Qualification Standards (QS) for the chiefs of the Management Information Systems Office (MISO) and the Program Management Office (PMO).

    The following QS for the position of Chief, MISO, were approved by then Chief Justice Hilario G. Davide, Jr. on October 14, 1999:

    Education: Bachelor of Laws

    Experience: Ten (10) years or more of relevant supervisory work experience acquired under career service position in the Supreme Court, three (3) years of which [were] rendered under a position requiring the qualifications of a lawyer

    Training: 32 hours of relevant training in management and supervision

    Eligibility: RA 1080 [Bar]1

    On March 14, 2006, the Court resolved to revise the said QS.2 It was further amended on June 20, 2006, to wit:

    Education: Bachelor's Degree in Computer Science or any equally comparable degree, with post-graduate level (at least 18 units) in Computer Science or Information Technology

    Experience: Seven (7) years of relevant experience on Information and Communication Technology

    Training: At least 40 hours of relevant training

    Eligibility: Civil Service Professional eligibility or equivalent IT eligibility3

    On June 6, 2006, the Court issued a Resolution adopting the clarifications made by the Committee on Computerization and Library on the collatilla "Deputy Clerk of Court" and the judicial ranking attached to the position of Chief, MISO, as follows:

    1. If the appointee for the Chief of MISO is a lawyer, he/she will be given the collatilla "Deputy Clerk of Court" and entitled to a judicial rank. He/She will be given the rank, salary and privileges of [an RTC] judge;

    2. If the appointee for the Chief of MISO is not a lawyer, he/she will only be considered as a Chief of Office. He/She will not be given the collatilla "Deputy Clerk of Court" and will not be entitled to a judicial rank.4

    In a letter5 to then Chief Justice Artemio V. Panganiban dated July 12, 2006, employees of the MISO pointed out that the revision of the QS under A.M. No. 06-3-07-SC had made the experience, training, and eligibility qualifications for Assistant Chief, MISO, higher than those for the Chief, MISO. Hence, they asked the Court to rectify the disparity.

    On July 26, 2006, the Court approved the following amendments to the QS for the Assistant Chief of MISO:

    Education: Bachelor's Degree in Computer Science or any equally comparable degree, with post-graduate level (at least 15 units) in Computer Science or Information Technology

    Experience: 5 years of relevant experience [in] Information and Communication [Technology] (ICT)

    Training: At least 32 hours of relevant training

    Eligibility: Civil Service Professional Eligibility or equivalent IT Eligibility6

    On March 5, 2008, Chief Justice Reynato S. Puno approved the recommendation of the OAS to restudy the QS for the positions of Chief, MISO and Judicial Reform Program Administrator (JRPA), PMO.

    In its Memorandum7 to Chief Justice Puno dated July 10, 2008, the Office of Administrative Services (OAS) observed that the QS for the positions of Chief of MISO and JRPA of the PMO are not the same as those for the other chiefs of office in the Court, even though they have the same salary grade.

    The OAS recommends that both positions should be given only to members of the Bar, since there are legal matters involved in the functions of both offices. In particular, OAS notes that the MISO Chief must know the basic legal and operational information technology (IT) needs of the Court, while the PMO Chief deals in large part with agreements, loans, and other contracts with various agencies and international funding institutions. In both cases, the specific need for IT knowledge, and project management and donor coordination, respectively, will be answered by the requirement for relevant studies and/or experience.

    The OAS recommends the following QS, to wit:


    MISO
    Chief of Office
    PMO
    Judicial Reform Program Administrator
    Education

    Bachelor of Laws with units and/or studies in computer science, information technology or any comparable computer education

    Bachelor of Laws with units and/or studies in any of the following fields: public administration, business administration, finance, economics, social sciences, or any related field.

    Experience

    10 years or more of relevant supervisory work experience either in the government (acquired under career service) or private sector, with at least 5 years relevant experience in the field of computer science or information and communication technology

    10 years or more of relevant supervisory work experience either in the government (acquired under career service) or private sector, with at least 5 years relevant experience in the field of economics, social sciences, or any related field, as well as in donor coordination and project management.


    Training 32 hours of relevant experience in management and supervision 32 hours relevant training in project management and supervision
    Eligibility RA 1080 (Bar) RA 1080 (Bar)
    Collatilla Deputy Clerk of Court Deputy Clerk of Court
    Judicial Rank RTC Judge RTC Judge

    The OAS also restudied the QS for the Assistant Chief of Office of MISO. It suggests that the Deputy Director title of the MISO Assistant Chief of Office be reverted back to its original title, "SC Assistant Chief of Office, MISO." It further recommends the following modifications to the QS of the Assistant Chief of Office, MISO, and of the Deputy Judicial Reform Program Administrator of the PMO:


    MISO
    Assistant Chief of Office
    PMO
    Deputy Judicial Reform Program Administrator
    Education

    Bachelor of Laws with units and/or studies in computer science or information technology; or completion of Masteral (sic) Degree in any computer education (sic)

    Bachelor of Laws with units and/or studies in any of the following fields: public administration, finance, economics, social sciences; or completion of Masteral (sic) Degree in Public Administration, Business Administration, Finance, Economics, Social Sciences or any related field

    Experience

    10 years or more of relevant supervisory work experience either in the government (acquired under career service) or private sector with at least 3 years experience in the field of computer science or information and communication technology

    10 years or more relevant supervisory work experience either in the government (acquired under career service) or private sector with at least 3 years relevant experience in the field of economics, social sciences or any related field, as well as in donor coordination and project management


    Training

    At least 32 hours of relevant trainings in computer operation, information and communication technology

    At least 32 hours of relevant trainings in project management and supervision

    Eligibility

    RA 1080 (Bar) or any appropriate CSC 2nd level eligibility

    RA 1080 (Bar) or any appropriate CSC 2nd level eligibility

    The OAS explained that while all SC Assistant Chiefs of Offices are required to be lawyers in their QS, this requirement may be substituted with a master's degree in the case of MISO and PMO, considering that the duties and responsibilities of these two positions involve special technical skills in computer/information technology and project management and donor coordination, respectively.

    In its Comment,8 the MISO states that the Court has an ongoing ICT consultancy project with Indra Sistemas S.A., part of which specifically deals with the creation of a MISO Re-Engineering Development Plan (MRDP). Among the concerns studied by Indra was the staffing pattern of MISO and the QS for each position in the office's plantilla. Indra's recommendation for the QS of the MISO Chief recognizes that lawyers or non-lawyers may apply for the position, with the recommended QS for lawyer-applicants bearing a strong similarity to those proposed by the OAS. Indra's recommendations are as follows:

    FOR LAWYERS FOR NON-LAWYERS
    Education

    Bachelor of Laws
    and 18 MA units in relevant ICT course, 3 years relevant ICT experience or 60 hours of ICT training or relevant ICT certification

    * An additional project management certification is proposed for all managerial/supervisory positions to enable them to effectively manage IT projects

    Bachelor's Degree in relevant ICT course and an MBA or Post Graduate Degree in a Management related course

    or

    Bachelor's Degree in a Management-related course and an MBA or Post-graduate Degree in a Management-related course and 18 MA units in relevant ICT course, 3 years relevant ICT experience or 60 hours of ICT training or relevant ICT certification

    * An additional project management certification is proposed for all managerial/supervisory positions to enable them to effectively manage IT projects

    Experience

    10 years of supervisory experience (within or outside the Supreme Court)

    10 years of supervisory experience (within or outside the Supreme Court)

    Training

    40 hours of relevant training in management and supervision

    40 hours of relevant training in management and supervision

    Eligibility

    RA 1080 (Attorney)

    CSC Professional or IT eligibility

    An additional project management certification is proposed for all managerial/supervisory positions to enable them to effectively manage IT projects

    On the other hand, the PMO, in its Comment,9 maintains that the nature of the JRPA position is different from the adjudicatory and other legal functions of the other offices in the Court. It also says that the legal issues confronted by the PMO in the performance of its tasks do not require the JRPA to be a lawyer. It points out that there are four (4) lawyer positions in the PMO's plantilla, and these lawyers can adequately meet the PMO's legal concerns. They assist and advise the JRPA on matters requiring legal knowledge and in drafting legal instruments or documents. The PMO also states that it does not enter into contracts and agreements on its own but first secures the approval of the Court even at the initial stages of discussion with the other contracting party/parties. Instead, it emphasizes the need for experience in donor coordination and development projects, considering the nature of the PMO's work.

    Finally, the Fiscal Management and Budget Office (FMBO) also submitted its Comment.10 The FMBO agrees with the OAS recommendation to make membership in the Bar a qualification for the positions of Chief, MISO and Chief (JRPA), PMO. It also suggests that the Bachelor of Laws degree be made a minimum requirement, and that the additional units and/or study be included in the training requirement. The FMBO says that there will be no significant change in the financial remuneration for both positions under the proposed QS. The only difference will be the grant of the Special Allowance for the Judiciary (SAJ). If the proposed QS will be approved, the holders of the two positions will be accorded judicial ranking and, consequently, given the monthly SAJ.

    The Court acknowledges that there is some merit in the OAS recommendation. Indeed, while the MISO and the PMO are not directly involved in the adjudicative functions of the Court, both offices operate to support the Court in its main function of deciding cases. As such, it is important that the persons who head these offices have adequate working knowledge of the Court's functions and the legal implications of their actions.

    However, we must also recognize the technical nature of the positions of Chief, MISO and JRPA, PMO. The OAS itself admitted the technical character of the functions of the MISO and PMO when it said that the duties and responsibilities of Assistant Chief, MISO and Deputy JRPA, PMO, involve special technical skills in computer/information technology and project management and donor coordination, respectively.

    The same specialized skills should likewise be required for the Chief of MISO and the JRPA of the PMO. As heads of these offices, the Chief of MISO and JRPA of the PMO must possess the requisite knowledge and expertise to lead their respective offices in the performance of their main tasks.ςηαñrοblεš νιr†υαl lαω lιbrαrÿ

    Accordingly, even as the Court sees the importance of maintaining uniformity of the QS for positions in the same level, the nature of the functions of each office must play a dominant role in determining who should head these offices. The technical or specialized skills needed for the positions of Chief of MISO and JRPA of the PMO should, therefore, be the foremost consideration in setting their respective QS. Thus, while a law degree and membership in the Bar is preferred, post-graduate studies in Computer Science (for MISO) and in public administration, finance, economics, or related fields (for JRPA of the PMO) would be adequate substitutes.

    As regards the judicial ranking of the two positions, the Court reaffirms the Court's Resolution dated June 6, 2006, and applies the same to the PMO. Thus:

    1. If the appointee for Chief, MISO/JRPA is a lawyer, he/she will be given the collatilla "Deputy Clerk of Court" and entitled to judicial rank. He/She will be given the rank, salary and privileges of [an RTC] judge;

    2. If the appointee for the Chief, MISO/JRPA is not a lawyer, he/she will only be considered as a Chief of Office. He/She will not be given the collatilla "Deputy Clerk of Court" and will not be entitled to judicial rank.

    Relative to the QS for the Assistant Chief of Office of the MISO and Deputy JRPA of the PMO, the Court agrees with the OAS recommendation, subject to the modification of the educational requirement. Considering the higher education standard required of the Chief of MISO and JRPA of the PMO, which is a Master's degree, in the case of the Assistant Chief, this may be substituted with post-graduate units in computer science or ICT, and post-graduate units in Public Administration, Business Administration, Finance, Economics, Social Sciences or any related field, respectively.

    IN VIEW OF THE FOREGOING, the Court APPROVES, with modification, the recommendations of the OAS on the Qualification Standards for Chief of Office, Management Information Systems Office and Judicial Reform Program Administrator, Program Management Office, as follows:


    MISO
    Chief of Office
    PMO
    Judicial Reform Program Administrator
    Education

    Bachelor of Laws with at least 18 units in computer science, information technology or any similar computer academic course

    or

    Bachelor's Degree in computer science or information technology and post-graduate degree, preferably in computer science or information technology

    Bachelor of Laws with at least 18 units in public administration, business administration, finance, economics, social sciences or any related field

    or

    Bachelor's degree and post-graduate degree in public administration, finance, economics, social sciences or any related field

    Experience

    10 years or more of relevant supervisory work experience either in the government (acquired under career service) or private sector, with at least 5 years relevant experience in the field of computer science or information and communication technology

    10 years or more of relevant supervisory work experience either in the government (acquired under career service) or private sector, with at least 5 years relevant experience in the field of economics, social sciences, or any related field, as well as in donor coordination and project management.

    Training

    32 hours of relevant experience in management and supervision

    32 hours relevant training in project management and supervision

    Eligibility

    RA 1080 (Bar), CSC Professional or IT eligibility

    RA 1080 (Bar) or CSC Professional

    and the Qualification Standards for Assistant Chief of Office, MISO and Deputy Judicial Reform Program Administrator, PMO:


    MISO
    Assistant Chief of Office

    PMO
    Deputy Judicial Reform Program Administrator

    Education

    Bachelor of Laws with units and/or studies in computer science or information technology

    or

    post-graduate units in computer science or information technology

    Bachelor of Laws with units and/or studies in public administration, finance, economics, social sciences or any related field

    or

    post-graduate units in public administration, business administration, finance, economics, social sciences or any related field

    Experience

    10 years or more of relevant supervisory work experience either in the government (acquired under career service) or private sector with at least 3 years experience in the field of computer science or information and communication technology

    10 years or more of relevant supervisory work experience either in the government (acquired under career service) or private sector with at least 3 years of relevant experience in the field of economics, social sciences or any related field, as well as in donor coordination and project management

    Training

    At least 32 hours of relevant trainings in computer operation, information and communication technology

    At least 32 hours of relevant trainings in project management and supervision

    Eligibility

    RA 1080 (Bar) or any appropriate CSC 2nd level eligibility

    RA 1080 (Bar) or any appropriate CSC 2nd level eligibility

    SO ORDERED.

    Endnotes:


    1 Rollo, p. 75.

    2 Id. at 4-5.

    3 Id. at 39.

    4 Id. at 18.

    5 Id. at 55-56.

    6 Id. at 71-72.

    7 Id. at 74-82.

    8 Id. at 125-127.

    9 Id. at 144-147.

    10 Id. at 128-132.

    A.M. No. 06-3-07-SC - Request for the approval of the revised qualification standard for the chief of MISO


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED