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[A.M. No. 01-4-10-SC.May 4, 2001]
RE: DRAFT OF THE PROPOSED POLICIES AND GUIDELINES IN HUMAN RESOURCE DEV'T. PROGRAMS
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated MAY 4 2001.
A.M. No. 01-4-10-SC (Re: Draft of the Proposed Policies and Guidelines in Human Resource Development Programs, submitted by the Personnel Development Committee.)
The Court Resolved to APPROVE the Proposed Policies and Guidelines in Human Resource Development Programs submitted by the Personnel Development Committee, to wit:
POLICIES AND GUIDELINES IN HUMAN
RESOURCE DEVELOPMENT PROGRAMS
WHEREAS, the Supreme Court (SC) values its human resources and commits itself to a systematic program of career and personal development for its officials and employees;
WHEREAS, the SC seeks to afford its officials and employees opportunities for academic development and skills enhancement for a more effective delivery of judicial and public service;
WHEREAS, the SC in its Administrative Circular No. 9-2001 created a Personnel Development Committee (PDC) pursuant to the Court's 14 November 2000 Resolution in A.M. No. 00-10-08-SC and Civil Service Commission (CSC) Memorandum Circular No. 34, s. 1994;
WHEREAS, the PDC is tasked to formulate policies and procedures in human resource development programs of the SC;
WHEREAS, the PRDC shall conduct the screening of applicants and recommend to the Chief Justice the most qualified personnel who may participate in human resource development programs; likewise, the PDC shall monitor and ensure compliance by the participants or beneficiaries with applicable requirements.
NOW THEREFORE, the PDC hereby resolves to adopt the following policies and guidelines and recommend the same to the Chief Justice for approval.
SEC. 1. COVERAGE.- These policies and guidelines shall apply to all the personnel of the SC, Presidential Electoral Tribunal, Philippine Judicial Academy (PHILJA), and those of the Regular Members and Secretariat of the Judicial and Bar Council.
SEC. 2. GENERAL GUIDELINES. - The following guidelines shall apply to all human resource development programs:
a. All invitations to local and foreign-assisted scholarships, study grants, trainings, seminars, workshops, conferences and conventions sent to the different offices of the SC must be forwarded to the PDC (c/o Office of Administrative Services, SC) for appropriate action.Personal invitations to SC personnel to such activities must be referred to the PDC for pre-screening purposes.
b. All applicants should get the recommendation of their respective Chiefs of Offices.
c. Availment of all human resource development programs shall be based on the applicant's needs and career path.
Priority shall, however, be given to applicants (1) who have not availed themselves of any scholarship, study grant, training, seminar, workshop, conference or convention for the last two (2) years; and (2) whose functions are relevant to such program.
d. To avail of any human resource development program, applicants must
(1) have rendered at least two (2) years of service in the SC;
(2) have obtained a performance rating of at least Very Satisfactory (VS) for the last two consecutive rating periods;
(3) be physically and mentally fit;
(4) have no pending criminal or administrative case;
(5) have rendered the service obligation of any previous service contract; and
(6) have no approved application for any other local or foreign scholarship.
e. Attendance of personnel in authorized human resource development programs shall be on official time.
f. Scholarships and study leaves shall be covered by a service contract to executed between the beneficiary and the Chief Justice or his authorized representative.
g. Financial assistance may be extended by the SC as may be warranted.
h. Employees who have availed themselves of any human resource development program must submit to the Chief Justice, through the PDC, a report on their participation within five (5) days from completion of the program to be accompanied by a certification of the sponsoring organization.
i. Participants or beneficiaries of any human resource development program shall be relieved of all duties and responsibilities for the duration of the program.
SEC. 3. HUMAN RESOURCE DEVELOPMENT PROGRAMS.- These refer to activities aimed atenhancing career progress and personal growth, which include scholarships, study grants, study leaves, trainings, seminars, workshops, conferences and conventions.
SEC. 4. CIVIL SERVICE COMMISSION LOCAL SCHOLARSHIP PROGRAMS (CSC-LSP).- The CSC-LSP shall consist of the following:
a. LSP for Bachelor's Degree Completion (BDC);
b. LSP for Masteral Degree Course (MDC); and
c. LSP for Skilled Workers in the Government (SWG)
SEC. 5. LSP FOR BACHELOR'S DEGREE COMPLETION (BDC).- This program refers to the completion of the academic requirements for a Bachelor's Degree and shall be available to those who need only one (1) more year of study to obtain the degree.
(a) Qualification Requirements.- In addition to the applicable requirements under Section 2, the applicants must
1. have a permanent appointment at the time of the filing of the application;
2. not be more than fifty-eight (58) years old as of last birthday; and
3. submit a certification from his former school or any other school where he intends to enroll attesting to the fact that he needs only one (1) year of study to complete a bachelor's degree.
(b) Terms and Conditions.- The scholarship shall be subject to the following terms and conditions:
1. Scholars must complete all the requirements for completion of the bachelor's degree within one (1) year;
2. Scholars must render a two (2)-year service obligation after the termination of their scholarship;
3. The CSC shall pay the tuition fees and other school fees for one (1) year and book allowance;
4. The SC shall pay the scholar's salaries, benefits and allowances and other essential and lawful expenses; and
5. In case the scholar is not allowed to study on official time during the school year the scholarship is granted, the scholarship shall still be available for the following school year.The grant cannot be used for study on a part-time basis except in distance education or corresponding program approved by the CSC.
SEC. 6.- LSP FOR MASTERAL DEGREE COURSE (MDC).- This program refers to (a) the pursuit of a one (1) year masteral degree course in a chosen field of study relevant to the needs of the agency; or (b) the completion of the academic requirements for a masteral degree.
(a) Qualification Requirements.-In addition to the applicable requirements under Section 2, the applicant must
1. have a permanent appointment at the time of the filing of the application;
2. not be more than forty-five (45) years old as of last birthday;
3. not have earned a masteral degree; and
4. not have availed of any foreign or local scholarship grant from the government in the past two (2) years prior to the school year the employee will study.
(b) Terms and Conditions.- The scholarship shall be subject to the following terms and conditions:
1. Scholars must complete all requirements for the masteral degree within one (1) year.The scholarship may, however, be extended for a maximum of one (1) semester or six (6) months subject to the approval by the Chief Justice.Should they be unable to complete the grant after the extended term or period, they may continue their studies at their own expense.
2. Scholars must render the service obligation as follows:
|
Scholarship term |
Service contract |
|
One (1) year |
Two (2) years |
|
One and a half (1 � ) years |
Three (3) years |
|
Two years |
Four (4) years |
3. In case the scholars cannot avail of the scholarship for one reason or another, they shall forfeit the privilege.Availment of the grant cannot be deferred to another school year.
4. Should the scholars accept an appointment under temporary status before or after enrollment, they are automatically disqualified to avail themselves of the grant.
5. The CSC shall pay the scholars' tuition and other school fees, book allowance, and thesis or research writing assistance.
SEC. 7. LSP FOR SKILLED WORKERS IN GOVERNMENT (SWG).- This program refers to skills upgrading for 1st level positions in the clerical, trades and crafts.It aims to equip employees with working knowledge of new developments and innovations in their areas of work; upgrade existing skill levels in government; and enhance capabilities which will allow expanded career paths for rank-and-file employees.This program includes:
a. Automotive/Land Transport/Vehicle Maintenance/Auto/Diesel Mechanic;
b. Electricity;
c. Refrigeration and Air Conditioning;
d. Building Maintenance/ Construction Trades;
e. Electronics and Tele-communications;
f. Audio-Visual Aids Equipment Operation and Maintenance/ Photography;
g. Microcomputer Repair/Servicing;
h. Foremanship Training; and
i. Gas/ARC Welding.
(a) Qualification Requirements.- In addition to the applicable requirements under Section 2, the applicant must
1. be a holder of a permanent or temporary appointment at the time of the filing of the application;
2. have rendered at least one (1) year of service in the SC which need not be continuous;
3. not be more than fifty (50) years old as of last birthday;
4. be presently performing jobs relevant to the course; and
5. have the basic skills or related experience.
(b) Terms and Conditions.- The scholarship shall be subject to the following terms and conditions:
1. Scholars must complete all the requirements of the course within the specified period but not exceeding six (6) months;
2. Scholars must render the service obligation as follows:
|
Scholarship Term |
Service Contract |
|
Six (6) months |
Two (2) years |
|
Two (2) to Five (5) months |
One (1) year |
|
Less than two (2) months |
Six (6) months |
3. The CSC shall pay the training fees, and the SC shall pay the scholars' salaries, PERA and other allowances while on training; travel and per diem allowances shall also be paid if the training is outside the Metro Manila area.
SEC. 8. FOREIGN SCHOLARSHIPS AND TRAINING PROGRAMS (FSTP).- Foreign scholarships and training programs are those extended to the Philippines by a foreign donor countries or foreign institutions based on the identified training needs of agencies or institutions.They consist of long term courses, the duration of which ranges from one (1) to three (3) years; and short term courses, which are usually for less than a year.
(a) Qualification Requirements.- In addition to the applicable requirements under Section 2, the applicant must
1. have a permanent appointment at the time of the filing of the application; however, for short term courses, coterminous employees may apply; and
2. not be more than fifty-eight (58) years old as of last birthday.
(b) Terms and Conditions.- The scholarship shall be subject to the following terms and conditions:
1. Scholars must complete all the requirements of the course within the specified period;
2. Scholars shall comply with the terms and conditions of the grant and keep up with the standards of the scholarship or award;
3. Scholars must conduct themselves in such a manner that will not bring disgrace or dishonor to themselves, the Supreme Court and the Philippines;
4. Scholars must render the service obligation as follows:
|
Scholarship Term |
Service Contract |
|
Less than two (2) months |
Six (6) months |
|
Two (2) months to less than six (6) months |
One (1) year |
|
Six (6) months to less than one (1) year |
Two (2) years |
|
One (1) year to less than two (2) years |
Three (3) years |
|
Two (2) years to less than three (3) years |
Four (4) years |
|
Three (3) years |
Six (6) years |
5. Scholars shall immediately submit to the Chief Justice, through the PDC, their official transcript of records or grades and certificate of performance or its equivalent at the close of each quarter, term or semester;
6. Scholars shall return immediately to the Philippines and report to the SC upon the termination of their scholarship.An extension of stay may be granted subject to the approval of their leave application; and
7. Scholars shall submit to the Chief Justice, through the PDC, a post-training report within sixty (60) days after their return to duty.
SEC. 9. COMMON PROVISIONS ON LOCAL AND FOREIGN SCHOLARSHIPS.- The following provisions shall apply to both local and foreign scholarships:
(a) Effects of Administrative Cases.
(1) When the scholars are formally charged prior to enrollment with an administrative offense where the penalty is suspension or dismissal, they shall be automatically disqualified to avail themselves of the grant.
(2) When a formal charge is filed after enrollment, the scholars shall be allowed to continue their studies, unless the charge is for a grave offense and the evidence of guilt is strong.
(3) When the scholars are subsequently found guilty of an administrative offense and dismissed from the service, they shall refund to the CSC all expenses incurred and to the SC all salaries and allowances received while studying.
(b) Effects of Incomplete or Failing Grades of the Scholars.
(1) In case the scholars receive an incomplete grade in a particular subject in the semester or term, they shall still be allowed to avail themselves of the scholarship grant for the next semester, or summer term. Completion of the requirements must be undertaken within six (6) months after each semester or summer term; otherwise, the scholars shall refund to the CSC all expenses incurred and to the SC all salaries and allowances received.
2. In case the scholars receive a failing grade in any subject the scholarship grant shall be discontinued and they shall refund to the CSC all expenses incurred and to the SC all salaries and allowances received for the period covered.
(c) Effects of Discontinuance of Studies.- In case the scholars discontinue their studies or fail to complete the course due to their own fault of willful neglect or other causes within their control, they shall (1) refund to the CSC all expenses incurred and to the SC all salaries and allowances received for the period covered; and (2) be barred from participating in future scholarship examinations or assessment processes.
(d) Effects of Failure of Scholars to Render Service Obligation.- In case the scholars fail to render the service obligation stipulated in the contract through their own fault or willful neglect, resignation, voluntary separation or transfer to the private sector, they shall refund to the CSC the full amount actually defrayed for their study grant and to the SC all salaries and allowances received for the period covered.However, even if the transfer is to another government agency but the same is not within the Judiciary, the scholar shall still be obliged to refund to the SC all salaries, benefits and allowances received for the duration of the scholarship.
For scholars who have rendered at least fifty percent (50%) of the total service obligation in the SC, they shall refund only a proportionate amount of the salaries and allowances received in accordance with the following formula:
(SOR-SOS)
R��������� =��������� --------------------����� x��������� TCR
SOR
R��������������� =��������� Refund
SOR��������� =��������� Service Obligation Required
SOS���������� =��������� Service Obligation Served
TCR���������� =��������� Total Compensation Received
SEC. 10. LOCAL TRAININGS, SEMINARS, WORKSHOPS, CONFERENCES AND CONVENTIONS.- Training and development programs or activities refer to undertakings that aim to provide opportunities for employee participation in any of the following:
a. development courses which include orientation and reorientation courses, retraining on basic skills inherent to the positions, value formation and development, pre-retirement seminars and such other development programs in preparation for higher responsibilities for both rank-and-file and management-level employees; and
b. highly specialized, technical or scientific seminars or studies including opportunities for capability building, skills development or enhancement at any level or rank of employment requiring an understanding or use of special tools and techniques in order to cope with work changes or transfer of technology.
(a) SC Personnel Training Needs.- The following are among the training needs of SC personnel:
1. Orientation Program;
2. Value Development Programs;
3. Employees Development Programs;
4. Middle Management Development Programs;
5. Executive Development Programs;
6. Judicial Education Programs; and
7. Legal Education Programs.
(b) Attendance of SC Personnel in Local Trainings, Seminars, Workshops, Conferences and Conventions Conducted by the SC, PHILJA and Duly Accredited Professional Organizations.- Attendance of personnel, whether permanent, coterminous or casual, to trainings, seminars, workshops, conferences or conventions may be authorized only if sponsored by the following:
1. the SC;
2. the PHILJA;
3. associations or organizations or court officials and employees in coordination with the PHILJA;
4. the Institute of Judicial Administration (IJA);
5. the Integrated Bar of the Philippines (IBP);
6. the CSC;
7. other agencies of the government; or
8. relevant professional organizations or non-governmental associations duly accredited by the CSC.
(c) Attendance of SC Personnel in Local Trainings, Seminars, Workshops, Conferences and Conventions Conducted by Professional Organizations, Non-governmental Associations or Private Training Institutions Not Accredited by the CSC.- For human resource development programs sponsored by professional organizations, non-governmental associations or private training institutions not accredited by the CSC, attendance thereto may be allowed subject to the following conditions:
1. where the required expenses will not be charged to agency funds;
2. where the program is not offered by any CSC accredited training institution; and
3. where the program is relevant to the employee's job or position or to the needs of the SC.
SEC. 11. STUDY LEAVE PROGRAM.- This Program seeks to assist qualified personnel in their preparation for the bar or board examinations or in the completion of the masteral degree requirements by giving them time off from work for a period not exceeding six (6) months with pay.
(a) Qualification Requirements.- In addition to the applicable requirements in Section 2, the applicant must
1. have either (a) graduate not more than five (5) years prior to the start of the study leave with a bachelor's degree which requires the passing of a government bar or board licensure examination; otherwise, the applicant must obtain at least fifteen (15) units of refresher course prior to the start of the study leave; or (b) have completed the academic requirements for masteral degree not more than two (2) years prior to thesis writing or comprehensive examination;
2. be a holder of a permanent appointment.Coterminous employees may, however, avail themselves of this privilege provided that the service obligation is still within their serviceable years and within the tenure of their respective Chiefs of Office;
a. Only one (1) employee from every office or division may be recommended for study leave each year.In case two (2) or more employees in an office or division are interested to apply for this benefit, preference shall be given to the one who has not yet availed of the benefit or has never taken the examination yet.
b. The privilege of study leave may be availed of only once every three (3) years.
(b) Terms and Conditions.- The study leave contract shall embody the following terms and conditions:
1. The beneficiaries must take and complete the required bar, board or comprehensive examination, or complete the theses.
2. After the thesis writing or the bar, board or comprehensive examinations, the beneficiaries shall immediately report for work and notify the PDC of such fact.
3. The beneficiaries must render the service obligation as follows:
|
Scholarship Term |
Service Contract |
|
More than three (3) months to six (6) month |
Three (3) years of service in the Judiciary |
|
Three (3) months or less |
Two (2) years |
(c) Violation of the Terms and Conditions and Penalties Therefor.- In case of violation of the terms and conditions of the study grant, the following guidelines shall apply:
1. Effect of Failure to Take the Examinations or to Complete the Thesis.
If the beneficiaries fail to take the bar, board or comprehensive examinations or to complete their thesis through their own fault or negligence or other cause within their control, the authority to go on study leave on official time shall be deemed revoked and the following shall be effected:
(a) If they have sufficient vacation leave credits, the study leave shall be charged against such leaves;
(b) If they have insufficient leave credits or have no more vacation leave credits, they shall refund the monetary value of the balance or the whole of the study leave, as the case may be, either by a single payment or deductions from salaries and other pecuniary benefits.Should the foregoing mode of payment be inapplicable owing to circumstances, the amount to be refunded shall be taken from any retirement gratuities or terminal leave benefits that may accrue to them in the course of their employment; or
(c) If they fail to immediately report for work after the examinations or thesis writing, they shall be declared absent without leave (AWOL).
2. Effect of Failure to Render the Service Obligation.- Should the beneficiaries fail to render in full the service obligation referred to in the contract on account of voluntary resignation, optional retirement, separation from the service through their own fault, or other causes within their control, they shall refund the gross salary, allowances and other benefits received while on study leave based on the following formula:
(SOR-SOS)
R��������� =��������� ----------------------------����� x��������� TCR
SOR
R��������� =��������� Refund
SOR��� =��������� Service Obligation Required
SOS���� =��������� Service Obligation Served
TCR���� =��������� Total Compensation Received
Should they be unable to effect payment, the amount shall be taken from any pecuniary benefits, retirement gratuities or terminal leave benefits that may accrue to them in the course of their employment.
Coterminous employees who fail to render in full the service obligation shall refund a proportionate amount of the salaries and emoluments received from the SC even though such failure is due to the death, voluntary resignation or separation from office of their respective chiefs of officers unless they are immediately re-employed.However, if such failure is due to other cause beyond their control, the obligation to refund shall not apply.
3. Effects of Administrative Cases Filed Against the Beneficiaries.- Should a formal charge for an administrative offense who penalty is suspension or dismissal be filed against the beneficiaries after the approval of his leave application but before the study leave, the authority to go on study leave on official time shall be automatically revoked.If filed while on study leave, the authority shall be deemed suspended and the SC may withhold their salaries and other benefits.
(a) If exonerated, the beneficiaries shall continue receiving their salaries and other benefits and shall receive all those which have been withheld.
(b) If found guilty, the beneficiaries shall refund all salaries and benefits they received while on study leave.
SEC. 12. PERSONNEL DEVELOPMENT COMMITTEE.- The Personnel Development Committee as constituted under Administrative Circular No. 9-2001 shall continue as the Committee charged with the implementation of the provisions of these policies and guidelines.
SEC. 13. EFFECTIVITY.- These policies and guidelines shall take effect upon its approval.
IN WITNESS WHEREOF, the Chairperson, Co-Chairperson, Vice-Chairperson and Members of the Personnel Development Committee hereby affix their signatures this 6th of April 2001.
Quisumbing, Buena, De Leon, Jr., JJ., on leave.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
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