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This web
page features the full text ofCIRCULAR
NO. 23-98.
CIRCULAR
NO. 23-98
TO : ALL
JUDGES
AND LOWER COURT PERSONNEL
SUBJECT : GUIDELINES
ON THE HOLDING OF CONVENTIONS OR CONFERENCES BY EMPLOYEES' ORGANIZATION
IN THE LOWER COURTS.
The following
guidelines
are hereby prescribed for the holding of conventions or conferences by
employees' organization [including judges' association] in the lower
courts,
taking into consideration the provision of Section 30, Chapter 5,
Subtitle
A (Civil Service Commission), Title I, Book V of the 1987 Administative
Code which state 91) that [1] the "development and retention of a
competent
and efficient work force in the public service is a primary concern of
government;" and [2] that it "shall be the policy of the government
that
a continuing program of career and personal development be established
for all government employees at all levels:"
1.
Permission to
hold conventions or conferences shall be granted only to organizations
or associations formed, registered and accredited in accordance with,
among
others, Rule IV on "Registration," Rule V on
"Recognition/Accreditation"
and Rule VI on "Certification Election" of the "Rules and Regulation to
Govern the Exercise of the Right of Government Employees to
Self-Organization"
issued to implement Executive Order No. 180 dated 1 June 1987 entitled
Providing Guidelines for the Exercise of the Right to Organize of
Government
Employees, Creating a Public Sector Labor-Management Council, and For
Other
Purposes."
For this
reason,
all requests submitted to the Officeof the Court Administrator for
authority
to hold the convention or conference subject hereof shall be
accompanied
by the documents listed in Annex "A" in accordane with the schedule
therein.
Any organization or association which cannot or fails to comply with
the
documentation requirements should submit corresponding
explanation.
2. Section 2,
Rule
III of the "Rules and Regulations toGovern the Exercise of the Right of
Government Employees to Self-Organization" provides that "[t]he
activities
of teh employees' organization shall not prejudice or disrupt public
service."
For this reason, conventions or conferences should as much as feasible
be scheduled on weekends or, if proposed to be undertaken during a
period
of several days, should include Saturday and Sunday.
3. In
accordance with
the provisions of Administrative Circular No. 13-96 dated 28 November
1996,
training programs of the Philippine Judicial Academy should be
integrated
into the conventions or conferences. These training programs should be
geared towards the improvement of the quality of judicial service
through
the enhancement of legal and managerial skills and knowledge and the
strengthening
of work values. In this relation, the officials of the employees'
organizations
should consult and coordinate with the Philippine Judicial Academy in
the
planning and implemetation of the training programs.
4. Attendance
at the
convention or conference shall not be considered on "official business
chargeable to local funds." There are no provisions in (a) any existing
statute; (b) the "Rules and Regulations to Govern the Exercise of the
Right
of Government Employees to Self-Organization;" or (c) the Omnibus Civil
Service Rules and Regulations adopted by the Civil Service Commission
through
Resolution No. 91-1631 dated 27 December 1991 which provide the basis
for
considering and declaring the attendance of government officials and
employees
at such conventions, conferences or consultations as "on official
business
chargeable to local funds."
5. A complete
report
shall be submitted to the Office of the Court Administrator within ten
(10) days from the closing of the convention or conference on the
activities
undertaken during the same. The report shall be accompanied by copies
of
the registration and daily attendance sheets actually signed by the
officers
and members of the employees' organizations personally present.For strict
compliance.
[Sgd.]
ALFREDO
L. BENIPAYOCourt
Administrator
Documentation
Requirement for Requests for
Authority
to Hold Conventions or Conferences
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Documents
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1.
Initial request submitted during Calendar Year
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a.
Copy of the Certificate fo Registration signed by the Chairman of the
Civil
Service Commission and the Secretary of the Department of Labor and
Employment;
b.
Copy of the Certification as to the status of the registered employees'
organization from either the Office of the Personnel Relations of the
Civil
Service Commission or the Bureau of Labor Relations of the Department
of
Labor and Employment; and
c.
Copy of the Certification of Recognition or Accreditation issued by the
Office of Personnel Relations of the Civil Service Commission.
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2.
Subsequent Request
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Copy
of the current Certification as to the status of the registered
employees'
organization from either the Office of Personnel Relations of the Civil
Service Commission or the Bureau of Labor Relations of the Department
of
Labor and Employment.
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