April 1987 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[A.M. No. 87-4-885 RTC : April 28, 1987]
RE: NOTICE OF COURT STENOGRAPHIC REPORTERS ASSOCIATION OF THE PHILIPPINES TO GO ON MASS LEAVE.
"Administrative Matter No. 87-4-885 RTC- Re: Notice of Court Stenographic Reporters Association of the Philippines to go on mass leave.- The Chief Justice informed the Court of the conference that he had held yesterday morning (April 27, 1987), together with Justices Andres R. Narvasa and Ameurfina Melencio-Herrera, with the officers of the Court Stenographic Reporters Association of the Philippines (Costraphil) headed by its president, Virginia Lim, and other officers of the lower courts employees associations, pursuant to the notice of mass leaves given by the said stenographic reporters association on April 15, 1987. The Court also received the reports of Justice Narvasa with regard to the dialogue he held earlier in Manila on April 20, 1987 and of Justices Ameurfina Melencio-Herrera, Abdulwahid Bidin and Abraham Sarmiento as to the dialogue they held in Baguio City on April 24, 1987 with the representatives of the same groups.
The Court noted, as brought out at the said conferences, that the "demands" made by the said employees for increase of salaries and cost of living allowance (COLA), clothing allowance and for the granting of longevity pay were beyond the Court's power to give but required either the issuance of an Executive Order in the exercise of the President's legislative power or similar legislation upon the election and organization of the new Congress. The Court likewise noted the various representations that had been made by the Chief Justice and Court officials with the Office of the President for the upgrading of the salaries of judiciary workers, as well as for the non-exclusion of the judiciary from the grant of the one-time P2,000 medical allowance for 1986 granted in Executive Order No. 147 dated March 3, 1987 which was still pending favorable action and release of the funds from the Budget and Management Department (notwithstanding that the Regional Trial Courts and lower courts employees had received in that year total medical and other allowances ranging from P4,420.00 to P4,910.00).
The Chief Justice further informed the Court that there were other deficiencies brought out in the course of the conferences such as the delays in the payment of the medical allowance from savings that the Court had granted for the month of February, 1987; in the payment of their salaries due to the new system of their payment (mostly through the PNB instead of mailing them the corresponding treasury warrants which were subject to loss and pilferage) such that many of them could not receive their salaries for the 15th before the Holy Week and could not pay their respective income tax, etc.; but that the Court officials present at the conferences explained that the corresponding measures were being taken to remedy said deficiencies.
The Chief Justice stated that he had informed the workers that the Court would look upon the present mass leave with forbearance provided that they went back and reported for work, but that he had stressed to them that such concerted mass leaves partake of the nature of an illegal strike proscribed by the Constitution and by the law and that the Court would not countenance them in the future since they would disrupt the operations of the courts which perform one of the most vital functions of government of dispensing justice. Hence, all applications for leave are granted only when the exigencies of public service so permit. He furthermore stated that he had appealed to their patriotism and sense of public duty as well as pride as Filipinos, since their move of going on mass leave to present to the Court's attention their complaints and demands and thereby cripple the courts and disrupt their normal functions would have the effect of destabilizing the government. He also stated that he had told the workers that there was no need to go on such mass leaves whenever there were any matters to clear up because precisely the Office of the Court Administrator had been established and was open at all times to listen to them. He asked them to make the corresponding arrangements with Court Administrator Medialdea and Deputy Court Administrator Maceren who were present at the conferences so that they could at regular intervals confer with them about such matters. (Internal Resolution Not for Release).
Accordingly, the Court Resolved to (1) AUTHORIZE all the judges of the lower courts whose stenographers and employees had applied for leave in connection with said mass leaves to approve the same on condition that the applicants had reported back for work (2) DECLARE that such concerted mass leaves are contrary to law and will henceforth subject those who engage in such activity to appropriate disciplinary action." Yap, J., is on leave.
Very truly yours,
(Sgd.) JUANITO C. RANJO
Clerk of Court I
