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[A.M. No. 01-6-353-RTC.May 28, 2002]
RE: PROPOSED MODIFICATIONS IN THE STAFFING PATTERN OF THE OFFICES OF THE OCC OF THE RTCs
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated MAY 28 2002 .
A.M. No. 01-6-353-RTC(Re:Proposed modifications in the staffing pattern of the Offices of the Clerks of Court of the Regional Trial Courts.)
On May 4,2001, the Office of the Chief Justice received from then Acting Court Administrator Zenaida N. Elepa�o two proposed modifications in the staffing pattern of the Offices of the Clerk of Court of Regional Trial Courts.
In the first proposal, Acting CA Elepa�o recommended the creation of 295 new positions of Data Entry Machine Operator II, with the basic compensation for each position equivalent to salary grade 8 or P99,528.00 per annum, plus other compensation covering Personnel Economic Relief Allowance (PERA), Additional Compensation, Year-end Bonus, Cash Gift, and Productivity Incentive Bonus (PIB). The new personnel will be deployed in the Offices of the Clerks of Court in the Regional Trial Courts in regions I to XII and the National Capital Judicial Region. According to Acting CA Elepa�o, the recommendation was prompted by numerous request from judges to include encoders in their staff to operate computers.
In the second proposal, Acting CA Elepa�o suggested upgrading the position of assistant Clerk of Court, from Clerk of Court V to Clerk of Court VI and from salary grade 24 to salary grade 25, in the Offices of the Clerks of Court, Regional Trial Courts of Manila, Quezon City, Makati, Pasig, Malolos (Bulacan, Region III), Cebu City (Region VII), and Iloilo City (Region VI).These RTCs consist of from 16 to 95 salas.
A study of the staffing pattern of the Office of the Clerk of Court in RTCs with 16 to 95 salas shows that the highest official therein is the Clerk of Court and Ex-Officio Sheriff, whose position is classified as Clerk of Court VII with a salary grade of 26. Next in line is the Assistant Clerk of Court, Classified as Clerk of Court V with a salary grade of 24, or two grades lower than that for Clerk of Court VII. Comparatively, for RTCs with single salas, the position of Clerk of Court is classified as Clerk of Court VI with a salary grade of 25.The position of Assistant Clerk in a multiple-sala RTCs is not at par with the position of Clerk of Court in single-sala RTCs.Upgrading the positions of Assistant Clerk of Court will correct the disparity.
Acting CA Elepa�o recommended that funding for the implementation of the proposals be sourced from additional appropriations, subject to the approval of the Department of Budget and Management. Funding requirement per year is P44,674,395.26 for the creation of data entry machine operator positions and P148,278.31 for upgrading assistant clerk of court positions.In the event that the proposals are approved but the DBM denies funding, Acting CA Elepa�o suggested that funds be sourced from current savings, if available.
In a memorandum submitted to the Chief justice on May 25, 2001, SC Deputy Clerk of Court and Chief Administrative officer Atty. Eden T. Candelaria recommended approval of the above-cited proposals.She said the creation of the data entry machine operator positions is in line with the Court's ongoing computerization program for the lower courts. Computers to be acquired for the lower courts would be rendered inutile without personnel to operate them.As regards the reclassification of the Assistant Clerk of Court position, Atty. Candelaria agreed that the same "is necessary to reduce the disparity between the salaries of the Assistant Clerks of Court and the Clerks of Court in the Offices of the Clerk of Court of multiple-sala RTCs with 16-95 branches." She noted that Clerks of Court in multiple-sala RTCs are classified as Clerk of CourtVII with a salary grade of26, while Assistant Clerks of Court are classified as Clerk of Court V with a salary grade of 24 or two grades lower.
Relatedly, Court Administrator Presbiterio J, Velasco, Jr., in a memorandum dated October 22, 2001, recommended that the creation of the proposed position of Data Entry Machine Operator II (DEMO II) be limited to those Offices of the Clerks of Court without itemsfor court stenographers.Instead of 295 new positions, CAd Velasco proposed the creation of only 116 post.For those offices that will not be provided with DEMO II items, Cad Velasco suggested that court stenographers assigned to OCCs perform the work of the DEMO II.In the memorandum dated December 12, 2001, Cad Velasco pointed out that such stenographers are rarely asked to be on duty during trials, and thus their services may be utilized for other purposes.However, he also stated that if his proposal would result in disparity in position titles and salary grades as pointed out by Atty. Candelaria, then he was submitting the matter to this Court's discretion.As regards the upgrading of the position and salary grade of Assistant Clerks of Court, Cad Velasco Expressed his agreement.
In a memorandum dated February 7, 2002, Atty. Candelaria reiterated her position that 295 new DEMO II positions should be created and not 116, for the following reasons:(1) Stenographers on standby in OCCs form a pool form which judges may request replacements for their absent stenographers.This purpose will be defeated if stenographers in OCCs were asked to perform the task of a DEMO II full-time; (2) There would be two sets of jobs descriptions for stenographers in the RTCs if stenographers in OCCs performed DEMO II functions, one for branch stenographers and another for stenographers in OCCs that would include computer knowledge and skill; (3) More saving will be generated if DEMO II positions were created since these positions will be filled up on a staggered basis.Savings will come from the positions yet to be filled but already part of the budget; (4) There would be a disparity in items and salary grades if two different positions, stenographers in OCCs and DEMO II, performed the same tasks.
In May 2002, Cad Velasco finally expressed agreement with the proposal to create 295 new positions for DEMO II, in view of the Court's computerization efforts.
The proposals of the Acting Chief Candelaria, for the creation of new DEMO II items and upgrading of assistant clerks of court positions, are well taken.
In conformity with the judiciary's computerization efforts, from the first level courts to the highest tribunal, this Court realizes the need to employ people equipped with sufficient knowledge to operate computers and maintain them in good working condition.This is likewise in line with the Court's continuing efforts to improve the administration of justice through the prompt and efficient delivery of judicial services.In the interest of the office morale, stenographers in OCCs may not be utilized to perform DEMO II task, to avoid disparities in items and salary grades.This would also prevent confusion and the blurring of distinctions between the two positions.
As for upgrading the positions classification and salary grade of Assistant Clerks of Court in RTCs with 16 to 95 branches, we find the proposal proper to eliminate the variance between said position and that of the Clerk of Court, the next higher position. This would also place the Assistant Clerk of Court position on equal level with the Clerk of Court position of single-sala RTCs.It would lift the morale of the personnel involved and further enhance delivery of judicial services.
WHEREFORE, the Court hereby resolves to APPROVE (1) the creation of 295 new positions of Data Entry Machine Operator II, salary grade 8, for the Offices of the Clerk of Courts in the Regional Trial Courts of Regions I to XII and the National Capital Judicial Region; and (2) the upgrading of the classification of Assistant Clerk of Court, from Clerk of Court V with salary grade 24, to Clerk of Court VI with salary grade 25, in the Offices ofthe Clerks of Court in the Regional Trial Courts of Manila; Quezon City, Makati, Pasig, Malolos (Bulacan, Region III), Cebu City (Region VII), and Iloilo City (Region VI). The Fiscal Management and Budget Office is DIRECTED to include appropriations for these new and upgraded positions in the budget proposal for fiscal year 2003.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
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