Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1999 > August 1999 Decisions > A.M. No. 99-5-18-SC August 25, 1999 - RE: PETITION FOR UPGRADING OF COURT OF APPEALS POSITIONS:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[A.M. No. 99-5-18-SC. August 25, 1999.]

RE: PETITION FOR UPGRADING OF COURT OF APPEALS POSITIONS.

R E S O L U T I O N


The instant administrative matter arose from a letter-request dated February 15, 1999 jointly signed by the Clerk of Court, Assistant Clerk of Court, Division Clerks of Court, and the Court Reporter, all of the Court of Appeals (CA), reiterating the previous request of former Presiding Justice Jorge S. Imperial made on January 15, 1996, for the upgrading of the ranks, salaries, and privileges of said CA officials, in line with this Court’s Resolution dated June 20, 1995, prescribing new ranks, salaries, and privileges to some key positions in this Court. Said letter-request was endorsed by then CA Acting Presiding Justice Jesus M. Elbinias. Further, in a letter dated January 19, 1999 signed by former Acting Presiding Justice Jorge S. Imperial, a similar request for the upgrading of the following positions effective January 1, 1998 was made:chanroblesvirtualawlibrary

1. Division Chief : From Grade 24 to Grade25cralaw:red

2. Assistant Chief : From Grade 22 to Grade 23

3. Court Attorney V : From Grade 26 to Grade 27

4. Court Attorney IV : From Grade 25 to Grade 26

The divisions subject of the aforesaid request are: Judicial Records Division, Accounting Division, Fiscal Management & Budget Division, Cash Division, Management & Audit Division, Human Resource Management Division, Supply & Property Management Division, Information & Statistical Data Division, Medical & Dental Services Division, Library Division, and General Services Division. This request was also in line with another Resolution of this Court dated November 21, 1995, reclassifying similar positions in this Court, with the corresponding increase in salary.

On February 10, 1999, Court Administrator Alfredo L. Benipayo gave Justice Imperial’s request favorable consideration and recommended the grant thereof, stating that the amount needed for the upgrading was modest and that funds were available.

Acting on the aforementioned recommendation, the Court En Banc, on June 8, 1999, resolved to refer the matter to Atty. Adelaida Cabe-Baumann, Deputy Clerk of Court and Chief of the Office of Administrative Services, for comment and recommendation, within thirty days from receipt of the records thereof.chanroblesvirtuallawlibrary

Pursuant to the above-stated resolution, Atty. Baumann, with Atty. Luz Puno concurring, recommends —

1. the DENIAL of the request to upgrade salary levels of, and/or the grant of judicial rank, to the CA Clerk of Court, the CA Assistant Clerk of Court, and the Court Reporter;

2. the DENIAL of the request to upgrade the salary levels (or salary grades [SG]) of the CA Court Attorneys V and Court Attorneys IV;

3. the GRANT of upgrading, reclassification, or judicial ranking, effective upon approval, to:chanrob1es virtual 1aw library

a. Division Clerks of Court (Executive Clerk of Court II) with SG 27 to CA Division Clerk of Court (Executive Clerk of Court III) with SG 28 with the rank, salary, and privileges of a Metropolitan Trial Court (MTC) Judge;

b. Various position-titles of Chief of Division with SG 24 to the position of Chief Judicial Staff Officer with SG 25; and

c. Various position-titles of Assistant Chief of Division with SG 22 to the position of Supervising Judicial Staff Officer with SG 23.

The recommendation are well-taken.

As a consequence of the Judiciary’s fiscal autonomy which is a guarantee of full flexibility to allocate and utilize our resources with the wisdom and dispatch that our needs may require (Bengzon v. Drilon, 208 SCRA 133 [1992]), this Court opts to upgrade the ranks, salaries, and privileges of some of the positions in the Court of Appeals, in accordance with the proper hierarchical order of positions therein, and considering the availability of funds to cover the same.

Accordingly, a close perusal of the above-stated requests as well as their consequences compels us to take the following courses of action:chanrob1es virtual 1aw library

1. We grant the upgrading, reclassification, or request for judicial ranking, to:chanroblesvirtual|awlibrary

a. Division Clerks of Court (Executive Clerk of Court II) with SG 27 to CA Division Clerk of Court (Executive Clerk of Court III) with SG 28, with the rank, salary, and privileges of a Metropolitan Trial Court (MTC) Judge. As explained by Atty. Baumann, said Division Clerks of Court should be placed at par, in rank and salary, with their counterparts in the Sandiganbayan who also have the rank, salary, and privileges of an MTC judge.

b. Various position-titles of Chief of Division with SG 24 to the position of Chief Judicial Staff Officer with SG 25, considering that the chiefs of the divisions enumerated hereinabove, being under the supervision only of higher authorities such as the Clerk of Court and not of a particular office/service, exercise a wider latitude of judgment and even bear a greater burden of responsibilities. Too, the appointment of said Division Chiefs requires the possession by the appointee of a master’s degree in addition to the requisite bachelor’s degree, experience, and eligibility, whereas the position of Chief Judicial Staff Officer does not call for such qualification. Further, we favorably consider Atty. Baumann’s observation that funding will not be a problem because only a minimal amount of money will be needed for the implementation thereof due to the small number of positions involved (11 chiefs of division and 11 assistant chiefs of division).

c. Various position-titles of Assistant Chief of Division with SG 22 to the position of Supervising Judicial Staff Officer with SG 23, for the same reasons on modest and available funding stated above.

2. We, however, DENY the request for upgrading of salary levels of and/or the request for grant of judicial rank to the CA Clerk of Court, the CA Assistant Clerk of Court, and the Court Reporter, for the following reasons:chanrobles.com:cralaw:red

a. The grant of salary upgrading of the CA Clerk of Court from SG 29 to SG 30 would make her at par with the salary grade of an Associate Justice of the Court of Appeals and the SC Clerk of Court, and would also surpass the present salary level (SG 29) of her counterpart Clerk of Court of the Sandiganbayan.

b. In the same vein, the upgrading of the salary level of the CA Assistant Clerk of Court from SG 28 to SG 29 would improperly put her salary at par with that of the Clerk of Court of the Sandiganbayan.

c. The CA Reporter is already enjoying the salary level of SG 27 which is higher by two grades than the upgraded level (SG 25) of our own chiefs of divisions in this Court. Further, since this Court’s own lawyer-assistant chiefs of offices with SG 28 have not been granted judicial ranking, there is no reason to grant a mere chief of a CA division (which is composed of only 18 employees) the requested rank and privileges. Lastly, the requested upgrading of salary level would put him/her at the same level as that of CA Division Clerks of Court whose salary level Atty. Baumann suitably recommends for upgrading to SG 28.chanroblesvirtuallawlibrary:red

3. We likewise DENY the request for upgrading of salary levels of the CA Court Attorney V and Court Attorney IV. It is to be observed that the highest class of lawyer-positions, the Court Attorneys VI with SG 27, should be made exclusive to the lawyers of this Court owing to the prestige and honor due them as attorneys in the highest court of the land. In the case of Court Attorneys IV with SG 25, the reclassification of their position to the next higher class, i.e., Court Attorney V with SG 26, would certainly disturb the hierarchical order of lawyer-positions in the Court of Appeals considering that in the Reporters Division, the head is CA Reporter II with SG 27, assisted by CA Reporter I with SG 26. Under their supervision are four Court Attorneys IV with SG 25 and twelve non-lawyer personnel. If the positions of the four Court Attorneys IV are reclassified as Court Attorneys V with SG 26, they would have the same salary level as CA Reporter I (with SG 26) and would hence create distortion and dissonance in said hierarchical order of lawyer-positions.

WHEREFORE, the instant petition or request for the upgrading, classification, or for grant of judicial ranking to the positions in the Court of Appeals indicated herein, is hereby —

1. GRANTED as regards the following:chanrob1es virtual 1aw library

a. Division Clerks of Court (Executive Clerk of Court II) with SG 27 to CA Division Clerk of Court (Executive Clerk of Court III) with SG 28, with the rank, salary, and privileges of a Metropolitan Trial Court (MTC) Judge;

b. Various position-titles of Chief of Division as enumerated hereinabove, with SG 24, to the position of Chief Judicial Staff Officer with SG 25; and

c. Various position-titles of Assistant Chief of Division with SG 22 to the position of Supervising Judicial Staff Officer with SG 23.chanrobles virtualawlibrary chanrobles.com:chanrobles.com.ph

2. DENIED as regards the following:chanrob1es virtual 1aw library

a. The CA Clerk of Court, the CA Assistant Clerk of Court, and the Court Reporter; and

b. Court Attorneys V and Court Attorneys IV.

SO ORDERED.chanrobles lawlibrary : rednad

Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Purisima, Pardo, Buena, Gonzaga-Reyes and Ynares-Santiago, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






August-1999 Jurisprudence                 

  • G.R. No. 96453 August 4, 1999 - NATIONAL FOOD AUTHORITY, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122339 August 4, 1999 - PEOPLE OF THE PHIL. v. LOVEN DAGANTA

  • G.R. No. 131429 August 4, 1999 - OSCAR BERMUDEZ v. RUBEN TORRES

  • A.M. No. RTJ-99-1467 August 5, 1999 - SAMUEL D. PAGDILAO v. ADORACION G. ANGELES

  • G.R. No. 119385 August 5, 1999 - NATIONAL TOBACCO ADMINISTRATION, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 119956 August 5, 1999 - PEOPLE OF THE PHIL. v. CRESENTE NAPIOT

  • G.R. No. 128632 August 5, 1999 - MSF TIRE AND RUBBER v. COURT OF APPEALS, ET AL.

  • G.R. No. 133366 August 5, 1999 - UNIONBANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • A.M. No. RTJ-98-1416 August 6, 1999 - REYNALDO V. ABUNDO v. GREGORIO E. MANIO JR.

  • G.R. No. 86963 August 6, 1999 - BATONG BUHAY GOLD MINES v. DIONISIO DELA SERNA, ET AL.

  • G.R. No. 129049 August 6, 1999 - BALTAZAR G. CAMPOREDONDO v. NLRC, ET AL.

  • G.R. No. 134602 August 6, 1999 - RAMONA T. LOGRONIO v. ROBERTO TALESEO

  • G.R. No. 136426 August 6, 1999 - E.B. VILLAROSA & PARTNER CO. v. HERMINIO I. BENITO, ET AL.

  • G.R. Nos. 105965-70 August 9, 1999 - GEORGE UY v. SANDIGANBAYAN, ET AL.

  • G.R. No. 130214 August 9, 1999 - ISMAEL A. MATHAY v. CIVIL SERVICE COMMISSION

  • G.R. Nos. 96663 & 103300 August 10, 1999 - PEPSI - COLA PRODUCTS PHIL. v. SECRETARY OF LABOR, ET AL.

  • G.R. No. 125132 August 10, 1999 - PHILEX MINING CORP. v. NLRC, ET AL.

  • G.R. No. 125397 August 10, 1999 - PEOPLE OF THE PHIL. v. NESTOR MOLINA

  • G.R. Nos. 131261-62 August 10, 1999 - PEOPLE OF THE PHIL v. AUGUSTO CESAR RAMOS

  • G.R. No. 132690 August 10, 1999 - PEOPLE OF THE PHIL. v. JAIME IBAY

  • G.R. No. 133140 August 10, 1999 - JOSE MA. T. GARCIA v. COURT OF APPEALS, ET AL.

  • A.M. No. MTJ-98-1162 August 11, 1999 - ANA MAY M. SIMBAJON v. ROGELIO M. ESTEBAN

  • A.M. No. MTJ-99-1181 August 11, 1999 - IN RE: ADMINISTRATIVE MATTER NO. MTJ-99-1181

  • G.R. Nos. 96618-19 August 11, 1999 - PEOPLE OF THE PHIL. v. PINKER JOSEPH BAUTISTA

  • G.R. No. 107369 August 11, 1999 - JESULITO A. MANALO v. PEDRO G. SISTOZA, ET AL.

  • G.R. Nos. 122550-51 August 11, 1999 - PEOPLE OF THE PHIL. v. WINEFRED ACCION

  • G.R. No. 130617 August 11, 1999 - MA. LIZA DE GUZMAN v. NLRC, ET AL.

  • Adm. Case No. 5105 August 12, 1999 - FERNANDO SALONGA v. ISIDRO T. HILDAWA

  • A.M. No. P-99-1330 August 12, 1999 - CLARITA I. DIONISIO v. PACIFICO S. GILERA, ET AL.

  • G.R. Nos. 115981-82 August 12, 1999 - RUBEN LAGROSA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 123265-66 August 12, 1999 - PEOPLE OF THE PHIL. v. JOEMAR C. QUILANG

  • G.R. No. 123486 August 12, 1999 - EUGENIA RAMONAL CODOY, ET AL. v. EVANGELINE CALUGAY, ET AL.

  • G.R. No. 134792 August 12, 1999 - PERLA GARCIA, ET AL. v. HARRY ANGPING, ET AL.

  • G.R. No. 131209 August 13, 1999 - ARCANGEL GUTIB v. COURT OF APPEALS, ET AL.

  • G.R. No. 132893 August 13, 1999 - PETER C. CHUA LAO v. ALFREDO N. MACAPUGAY

  • A.M. No. RTJ-99-1470 August 16, 1999 - VILLA MACASASA, ET AL. v. FAUSTO H. IMBING

  • G.R. No. 103065 August 16, 1999 - JUAN DE CARLOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 124382 August 16, 1999 - PASTOR DIONISIO V. AUSTRIA v. NLRC, ET AL.

  • G.R. No. 127754 August 16, 1999 - PEOPLE OF THE PHIL. v. ANTONIO DESOY, ET AL.

  • G.R. No. 135886 August 16, 1999 - VICTORINO SALCEDO II v. COMELEC, ET AL.

  • G.R. No. 136121 August 16, 1999 - MACTAN CEBU INTERNATIONAL AIRPORT AUTHORITY v. FRANCISCA CUIZON MANGUBAT, ET AL.

  • A.M. No. MTJ-98-1161 August 17, 1999 - HONESTO RICOLCOL v. RUBY BITHAO CAMARISTA

  • G.R. No. 96092 August 17, 1999 - PEOPLE OF THE PHIL. v. ALEXANDER BAUTISTA

  • G.R. No. 104955 August 17, 1999 - PEOPLE OF THE PHIL. v. HECTOR DOMINGO, ET AL.

  • G.R. No. 109941 August 17, 1999 - PACIONARIA C. BAYLON v. COURT OF APPEALS, ET AL.

  • G.R. No. 112330 August 17, 1999 - HENRY CO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127348 August 17, 1999 - LYDIA R. LAPAT v. JOSEFINO ROSARIO

  • G.R. Nos. 131861-63 August 17, 1999 - PEOPLE OF THE PHIL. v. BENJAMIN B. LIM

  • G.R. No. 132577 August 17, 1999 - PEOPLE OF THE PHIL. v. HUBERT JEFFREY P. WEBB

  • G.R. No. 133047 August 17, 1999 - LORENZO YAP v. COURT OF APPEALS, ET AL.

  • G.R. No. 135046 August 17, 1999 - LAARNI BAUTISTA, ET AL. v. PILAR DEV’T. CORP.

  • G.R. No. 128827 August 18, 1999 - PEOPLE OF THE PHIL. v. ROLANDO R. CAYAGO

  • G.R. No. 128966 August 18, 1999 - PEOPLE OF THE PHIL. v. EDWIN DE VERA

  • G.R. No. 129694 August 18, 1999 - PEOPLE OF THE PHIL. v. ALFREDO MANTE

  • G.R. No. 119380 August 19, 1999 - PEOPLE OF THE PHIL. v. FEDERICO LOPEZ

  • G.R. No. 123123 August 19, 1999 - EDWIN CADUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 124348 August 19, 1999 - DOMINADOR SANCHEZ v. NLRC, ET AL.

  • G.R. No. 130637 August 19, 1999 - PEOPLE OF THE PHIL. v. DAVID ANDALES

  • G.R. No. 131457 August 19, 1999 - CARLOS O. FORTICH, ET AL. v. RENATO C. CORONA, ET AL.

  • G.R. No. 132426 August 19, 1999 - PUBLIC ESTATES AUTHORITY v. JOSE F. CAOIBES, ET AL.

  • G.R. No. 135216 August 19, 1999 - TOMASA VDA. DE JACOB v. COURT OF APPEALS, ET AL.

  • G.R. No. 119307 August 20, 1999 - PEOPLE OF THE PHIL. v. RENANTE SISON

  • G.R. No. 126413 August 20, 1999 - ANTONIO C. MARTINEZ v. PEOPLE OF THE PHIL, ET AL.

  • G.R. No. 128889 August 20, 1999 - PEOPLE OF THE PHIL. v. AVELINO DIZON

  • G.R. No. 113363 August 24, 1999 - ASIA WORLD RECRUITMENT INC. v. NLRC, ET AL.

  • G.R. No. 134142 August 24, 1999 - SANTANINA TILLAH RASUL v. COMELEC, ET AL.

  • A.M. No. 98-3-34-MeTC August 25, 1999 - REPORT ON THE SPOT JUDICIAL AUDIT CONDUCTED IN METROPOLITAN TRIAL COURT

  • A.M. No. 99-5-18-SC August 25, 1999 - RE: PETITION FOR UPGRADING OF COURT OF APPEALS POSITIONS

  • A.M. No. 99-8-108-MCTC August 25, 1999 - HOLD DEPARTURE ORDER ISSUED BY JUDGE EUSEBIO M. BAROT

  • G.R. No. L-77468 August 25, 1999 - EDUARDO LUCENA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 108169 August 25, 1999 - VENANCIO DAVID, ET AL. v. ALEJANDRO TIONGSON, ET AL.

  • G.R. No. 125524 August 25, 1999 - BENITO MACAM v. COURT OF APPEALS, ET AL.

  • G.R. No. 127195 August 25, 1999 - MARSAMAN MANNING AGENCY v. NLRC, ET AL.

  • G.R. No. 127318 August 25, 1999 - FRANCIS KING L. MARQUEZ v. COMELEC, ET., AL.

  • G.R. No. 131151 August 25, 1999 - PEOPLE OF THE PHIL. v. EDGAR LOPEZ

  • G.R. No. 135084 August 25, 1999 - MANUEL V. OLONDRIZ v. COMELEC, ET AL.

  • A.M. No. 9777-Ret August 26, 1999 - TESSIE L. GATMAITAN

  • G.R. No. 105854 August 26, 1999 - ANIANO E. IJARES v. COURT OF APPEALS, ET AL.

  • G.R. No. 121087 August 26, 1999 - FELIPE NAVARRO v. COURT OF APPEALS, ET AL.

  • G.R. No. 125735 August 26, 1999 - LORLENE A. GONZALES v. NLRC, ET AL.

  • G.R. No. 126875 August 26, 1999 - MARIANO BRUSAS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130608 August 26, 1999 - PEOPLE OF THE PHIL. v. ARTHUR DELA CRUZ

  • G.R. No. 132294 August 26, 1999 - DELFIN R. VOLUNTAD, ET AL. v. MAGTANGGOL DIZON, ET AL.

  • G.R. No. 134298 August 26, 1999 - RAMON C. TAN v. PEOPLE OF THE PHIL.

  • G.R. No. 135128 August 26, 1999 - BONIFACIO SANZ MACEDA v. DBP, ET AL.

  • A.M. No. 99-7-20-SC August 27, 1999 - RESOLUTION DESIGNATING BRANCH 10 OF THE REGIONAL TRIAL COURT OF CEBU CITY AS A SPECIAL COURT

  • G.R. No. 108765 August 27, 1999 - SSSEA (PSLINK-TUCP) v. PERLITA BATHAN-VELASCO, ET AL.

  • G.R. No. 131116 August 27, 1999 - PEOPLE OF THE PHIL. v. ANTONIO L. SANCHEZ, ET AL.

  • G.R. No. 132413 August 27, 1999 - RAMON ALQUIZOLA, ET AL. v. GALLARDO OCOL, ET AL.

  • G.R. No. 126252 August 30, 1999 - PEOPLE OF THE PHIL. v. JESUS GARCIA

  • G.R. No. 130091 August 30, 1999 - PEOPLE OF THE PHIL v. ELINO NAGUITA, ET AL.

  • G.R. No. 136587 August 30, 1999 - ERNESTO A. DOMINGO v. COMELEC, ET AL.

  • G.R. No. 137113 August 30, 1999 - NOEL F. CIACICO v. NLRC, ET AL.

  • G.R. Nos. 94285 & 100313 August 31, 1999 - JESUS SY, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123825 August 31, 1999 - MARK ROCHE INTERNATIONAL, ET AL. v. NLRC, ET AL.

  • G.R. No. 127064 August 31, 1999 - FIVE STAR BUS COMPANY INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132425 August 31, 1999 - THE REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132803 August 31, 1999 - JESSIE V. PISUEÑA v. PETRA UNATING, ET AL.

  • G.R. No. 134625 August 31, 1999 - U.P. BOARD OF REGENTS v. COURT OF APPEALS, ET AL.