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Philippine Supreme Court Circulars

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This web page features the full text of
Memorandum Circular No. 10-2004
   

MEMORANDUM CIRCULAR NO. 10-2004

GUIDELINES ON THE GRANT OF CLOTHING ALLOWANCE AND ON THE WEARING OF OFFICE UNIFORMS.

WHEREAS, in September 2003, the Uniform Committee issued Guidelines for CY 2004 Office Uniforms in the Supreme Court;

WHEREAS, the Guidelines contained provisions on the entitlement to the grant of clothing allowance, schedule of the taking of body measurements, and the wearing of office uniforms, among other things;

WHEREAS, the following issuances were made supplements to the Guidelines for CY 2004 Office Uniforms:

1.  Internal Guidelines in the Wearing of the Prescribed Office Uniforms for CY 2001;

2.  Memorandum of 2 January 2002 enjoining all Chiefs of Offices to strictly implement the said Internal Guidelines;

3.  Memorandum of 20 September 2002 clarifying the prohibited attire and appropriate footwear; and

4.  Implementing Guidelines in the Grant of the Clothing Allowance for CY 2003 for the SC and Lower Courts (LCs).

WHEREAS, on 2 July 2004, the Chief Justice, with the concurrence of the Chairmen of the Second and Third Divisions of the Court, by virtue of their authority under the Revised Resolution in A.M. No. 99-12-08-SC, issued Memorandum Order No. 36-2004 entitled Reorganizing, Reconstituting and Strengthening the Uniform Committee as the Bids and Awards Committee (BAC) for Office Uniforms for the Supreme Court, the Presidential Electoral Tribunal and the Lower Courts in accordance with Republic Act No. 9184;

WHEREAS, the BAC for Office Uniforms for the Supreme Court (SC) and the Presidential Electoral Tribunal (PET) saw the need to incorporate in a Circular all the aforementioned issuances to serve as easy and convenient guide for all concerned;

NOW, THEREFORE, the following Guidelines on the grant of clothing allowance and wearing of office uniforms are hereby adopted:

A.    Coverage. - These Guidelines shall apply to all officials and employees of the SC, the PET, the Office of the Court Administrator (OCA), the Philippine Judicial Academy (PHILJA), the Judicial and Bar Council (JBC), and the detailed staff of the Associate Justices who are members of the Senate Electoral Tribunal (SET) and the House of Representatives Electoral Tribunal (HRET) except those with the rank of, or higher than, an Associate Justice of the Court of Appeals.

B.   Purpose. - The wearing of office uniforms is in compliance with the mandate of the Constitution and the directive of the Code of Conduct and Ethical Standards for Public Officials and Employees (R.A. No. 6713) that all public officials and employees must lead modest lives appropriate to their positions and income, and not to indulge in extravagant or ostentatious display of wealth in any form.

C.   Entitlement to Clothing Allowance. - Employees who have been in the service for at least six (6) months shall be entitled to the clothing allowance: Provided that they shall still serve for another six (6) months from the day the allowance is received [Sec. 305, Article 5 (Clothing Allowance), Chapter 5, Title 5, Book III, General Accounting and Auditing Manual (Volume I), s. 1992].

The clothing allowance may be given either in cash or in the form of office uniforms as may be recommended by the BAC for Office Uniforms.

As a token of appreciation for their faithful service to the Court, compulsory retirees who will retire between the 1st day of July and the 31st day of December of every year shall be granted the clothing allowance in the form of office uniforms.

For transferees within the Judiciary or from other branches of government to be entitled to receive clothing allowance or office uniforms, they should submit a certification from their previous employer that they have not yet received their clothing allowance for the year.

The following are not entitled to receive the clothing allowance:

1.  Employees who will compulsorily retire on or before the 30th day of June of every year;

2.  Employees hired between the 1st day of July and the 31st day of December of every year;

3.  Consultants;

4.  Those hired through contracts for services;

5.  Hired workers, such as carpenters and painters; and

6.  Transferees within the Judiciary and from other branches of government who have already received the clothing allowance for the particular year.

They are, however, required to wear the appropriate office attire or they may wear the office uniforms at their own expense.

D.   Option of Some Officials. - The following officials occupying positions with Salary Grade (SG) 30 and above shall have the option to avail of the clothing allowance either in the form of office uniforms or its cash equivalent:

1.  PHILJA Chancellor and Vice-Chancellor

2.  Court Administrator

3.  Clerk of Court

4.  Judicial and Bar Council Members

5.  Assistant Clerk of Court

6.  Deputy Court Administrators

7.  Assistant Court Administrators

8.  Division Clerks of Court

E.    Rules When Clothing Allowance is in the Form of Office Uniform. - Should the clothing allowance for a particular year be issued in the form of office uniforms, the officials and employees concerned shall receive the uniforms in this wise:

1. Males

 

 

For a two-design/set uniform

-

Two Polo barongs (short-sleeved) and two pairs of pants for each design

For a four-design/set uniform

-

One Polo barong (short-sleeved) and one pair of pants for each design

Male officials occupying SG 23 and above shall have the option to wear the Barong Tagalog, i.e., at least one long-sleeved for any design/set.

2. Females

 

 

For a two-design/set uniform

-

Two blouses for each design/set

 

 

One pair of pants and one skirt for each design/set

For a four-design/set

-

One blouse for each uniform design/set

 

 

Two pairs of pants and two skirts

A female official or employee may avail of either an all-skirt or all-pants combination. However, if she avails of the latter, she shall pay the difference in the cost of the two other pairs.

Blazers shall be at the expense of the official or employee.

3.  Maintenance personnel assigned in the SC Compound in Bagnio City; PHILJA Development Center in Tagaytay City; and the Halls of Justice nationwide, as well as the hired personnel in SC Manila, shall be issued working clothes.

4.  Selected personnel in the Printing Services, Motorpool Section (Mechanics), and the Maintenance Division shall also be issued working clothes in addition to the regular office uniforms.

5.  Security personnel shall be issued five sets of uniforms with a pair of shoes.

6.  Nurses and dentists in the Medical and Dental Services shall be issued blazers or "scrub" clothes.

F.    New employees. - New employees shall be required to wear the appropriate office attire until such time that they are already entitled to the clothing allowance and issued their uniforms.

G.   Transferees to Other Offices Within the Judiciary. – Officials and employees who have been granted the clothing allowance in the form of office uniforms but who have transferred to other offices within the Judiciary shall no longer be issued the prescribed set of uniforms. They shall wear the appropriate office attire.

H.   Transferees to Other Government Offices or Resigned Employees. - Officials or employees who have been granted the uniform allowance in kind and whose body measurements have already been taken but who have transferred to other government agencies or resigned before the end of the calendar year shall receive the said uniforms made or tailored for them. They shall, however, be required to refund the amount equivalent to the clothing allowance.

I.     Schedule. - The schedule for the wearing of office uniform shall be prepared and released by the Committee at such time as it shall determine subject to the approval of the Chief Justice. Until another schedule is prepared and approved by the Chief Justice the current schedule shall be followed.

J.   Appropriate Office Attire.-

1.  Appropriate office attire as herein mentioned refers to that prescribed by Civil Service Commission Memorandum Circular No. 19, s. 2000 (Revised Dress Code for All Government Officials and Employees) dated 31 October 2000, the pertinent portions of which read as follows:

4.     Prohibited Attire. The following attire shall be prohibited for all government employees when performing official functions inside the workplace:

4.1.         Gauzy transparent or net-like shirt or blouse;

4.2.         Sando, strapless or spaghetti-strap blouse (unless worn as an undershirt), tank-tops, blouse with over-plunging necklines;

4.3.         Micro-mini skirt, walking shorts, cycling shorts, leggings, tights, jogging pants;

4.4.         Rubber sandals, rubber slippers, "bakya."

In relation to the above, the wearing of "capri" pants, pedal pushers and any other skin-tight clothings are likewise prohibited.

6.       Exemptions that may be allowed. In the implementation of this Dress Code, certain exemptions may be allowed, on the following grounds:

6.1.         When the nature of the work of the official or employee demands that he/she wears clothing other than those prescribed above;

6.2.         When religious affiliation or creed or any legitimate practice by the employee in relation thereto requires him/her to wear a particular clothing;

6.3.         Physical disabilities and other legitimate health reasons;

6.4.         Pregnant female employees are allowed to wear maternity dress during the period of their pregnancy;

6.5.         Employees who lost a loved one can wear mourning clothes during the period of

             mourning;

6.6.         Other circumstances analogous to the foregoing.

In relation to Item 6.3, a medical certificate from the Court's Medical Services must be submitted to the BAC for Office Uniforms.

2.  Wearing of Denim or "Maong" Pants. - Denim or "maong" pants, although generally prohibited (CSC MC No. 19, s. 2000, #3), may be considered as appropriate attire when paired with a collared polo shirt (for male employees), or any appropriate blouse or collared shirt (for female employees). In other words, the wearing of denim or "maong" pants is allowed provided the same is worn in accordance with these rules.

3.  T-Shirts. - Collared t-shirts are allowed for both male and female employees. Non-collared t-shirts are prohibited.

4.  Skirt Length. - Female officials and employees shall see to it that their skirts are knee-length. Definitely, mini and micro-mini skirts (i.e., 3 inches or more above the knee) are prohibited.

5.  Appropriate Footwear. - Appropriate footwear (CSC MC No. 19, s. 2000) shall mean closed formal shoes. The following, even when worn inside the office premises, are prohibited:

a.       Step-in exposing the toes;

b.       Sandals exposing the toes; and

c.       Rubber sandals, slippers, bakya.

However, the following are allowed:

a.       Mules; and

b.       Sling back shoes.

The wearing of rubber shoes, sandals, and step-ins is, however, allowed on Fridays, and whenever the wearing of office uniforms is suspended.

K.   Wearing of Identification Card. - The office I.D. shall be worn at all times, as it forms part of the official uniform covered by this Guidelines.

L.    Proper Grooming. - The sporting of long hair and the wearing of earrings and other body ornaments by male employees are not allowed.

MRequest for Exemption from Wearing the Office Uniform. - Except for very special and meritorious reasons, all officials and employees who have been issued uniforms shall wear them in accordance with the schedule provided. Requests for exemption must be submitted to the BAC for Office Uniforms for appropriate action.

N.  Introduction of Innovations and Alterations to the Office Uniform. - The introduction of innovations and alterations to the office uniform is strictly prohibited. Only the issued appropriate office uniform shall be allowed.

O.  Disciplinary Action for Non-Compliance. - Conformably with Item (c) of Section 22, Rule XIV, Revised Omnibus Rules Implementing Book V of EO 292 (Administrative Code of 1987) and other Pertinent Civil Service Law, which states that violations of reasonable office rules and regulations include the violation of CSC MC No. 19, s. 2000 (Dress Code), and pursuant to the Court's inherent power to discipline its personnel, the following penalties, after observance of the twin requirements of procedural due process of notice and hearing, shall be imposed upon all erring employees through administrative disciplinary proceedings for non-compliance with these Guidelines:

First offense             -           Reprimand

Second offense        -           Suspension without pay for one (1) to thirty (30) days

Third offense            -           Suspension without pay for one (1) month and one (1) day to six (6)   

months

Fourth offense          -           Dismissal from the service.

P.  Monitoring of Compliance with the Guidelines. - All Chiefs of Offices, immediate supervisors, and officers and members of the BAC for Office Uniforms shall be responsible for the (1) implementation of these Guidelines; (2) monitoring compliance thereof; and (3) reporting and submitting cases of violations to the Chairperson of the BAC for Office Uniforms for appropriate disciplinary action.

The daily Report on Attendance and Tardiness (RAT) shall include a list of covered officials and employees who are not in office uniforms.

The personnel of the Security Division are hereby deputized to list down the names of covered officials and employees who do not comply with the Dress Code. The list shall indicate the date of commission of the violation and the name of the official or employee concerned, who must be informed of such violation. The list should be submitted to the BAC for Office Uniforms every Friday afternoon.

Q.  Non-Availment of Clothing Allowance. - The non-availment of the clothing allowance shall not be an excuse for non-compliance with these Guidelines.

Any matter not covered by these guidelines shall be referred to the BAC for Office Uniforms for appropriate action.

This Circular shall take effect on 1 October 2004.

Issued this 20th day of September 2004.



HILARIO G. DAVIDE, JR.
Chief Justice





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