07/07/2020
SHOW YOUR SUPPORT! Send an e-mail to:
[email protected]; [email protected]
WENDEL E. AVISADO
Secretary
Department of Budget and Management
Boncodin Hall, General Solano St., San Miguel, Manila
Subject:
Support of ANG NARS Party-list's inclusion in drafting of budget guidelines to implement Paquiz Ruling (Salary Grade 15 for nurses)
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ANG NARS Party-list LETTER TO DBM for SG15:
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RE: Implementation of Paquiz Ruling, G.R. No. 215746: SG 15 as Entry Pay of Nurses in Public Health Institutions
Dear Secretary Avisado:
This letter is regarding the implementation of the salary adjustment of nurses as mandated under the 2020 GAA pursuant to the Petition for Certiorari and Mandamus filed by ANG NARS Party-list, Represented by Congresswoman Leah G. Samaco-Paquiz, Et. Al., vs The Executive Secretary, The Secretary of Budget and Management, The Secretary of Health, G.R. No. 215746, hereinafter referred to as the “Paquiz Ruling”.
We write to inform you personally that the Decision of the Supreme Court in the Paquiz Ruling dated 08 October 2019 has become final and execut0ry as evidenced by the attached Entry of Judgment . The dispositive portion of which states:
“WHEREFORE, we GRANT the petition in part by declaring that Section 32 of Republic Act No. 9173 remains valid, and the provisions of paragraph 16 of Joint Resolution No. 4 dated 28 July 2008 and Section 6 of Executive Order No. 811 dated 17 June 2009, purporting to amend or repel Section 32 of Republic Act No. 9173, are hereby declared VOID and UNCONSTITUTIONAL. However, we DISMISS the petition in part by refusing to compel the Executive Secretary, Department of Budget and Management and the Secretary of Health to implement Section 32 of Republic Act No 9173.
We NOTE the Motion-to-Intervene dated 28 May 2019 and DISMISS the Petition-in-Intervention dated 28 May 2019, both filed by the Philippine Nurses Association Inc., on the ground that they were filed after the conclusion of the oral arguments.
SO ORDERED.”
Given the suspensive condition on the Special Provision No.3, under Miscellaneous and Personnel Benefits Fund, “Payment of Compensation Adjustment,” Volume I-B, page 556, the obligation now to issue the necessary guidelines to implement the nurses’ salary adjustment is already due and primordial upon DBM. And the same thus states, to wit:
(3) Payment of Compensation Adjustment. The amount appropriated herein for payment of compensation adjustment shall be used for the payment of salary adjustment of all government employees, including the salaries of nurses in compliance with the decision of the Supreme Court in ANG NARS Partylist vs. Executive Security, G.R. No. 215746 pursuant to Section 32 of R.A. No. 9173 (Philippine Nursing Act 0f 2002); Provided, That the implementation of the salary adjustment of nurses shall take effect when the said decision of the Supreme Court had become final and executory, but not earlier than the start of the fiscal year 2020. (Emphasis provided)
In correlation thereto, the Affirmation Message of President Duterte dated 06 January 2020 mandates DBM to implement Section 32 of RA 9173 upon finality of the Paquiz Ruling. It thus states:
(6) Entry Level Salary of Government Nurses
I recognize the invaluable contribution of government nurses in providing primary health care. I therefore tasked the DBM to issue the necessary guidelines to implement the Supreme Court ruling in Ang Nars Party-list, et. al. Vs The Executive Secretary, et. al. (G.R. No. 215746, dated 08 October 2019), subject to the finality if the said decision. (Emphasis provided)
In this regard, the undersigned would like to ensure that all public health nurses, including those nurses in the DepED, PNP. DND, SUCs, and all nurses in the executive departments, GOCCs, and LGUs would benefit from the Paquiz Ruling. In the same manner, to explore all possibilities to include nurses in the Local Government Units down to the barangay level. In totality, the undersigned would like all nurses in the public health sector be included, may they be permanent, contractual, job orders or contracts of service.
To this end, ANG NARS PARTY-LIST, duly represented by the undersigned, as the lone petitioner in case (considering that petitioner PSLINK was denied by the Supreme Court for lack of legal capacity to file the above-mentioned Petition for being an unincorporated association), requests to participate in the crafting of the necessary budget guidelines to implement the Paquiz Ruling. This is a pledge to our sincere dedication to our advocacy, to the nursing sector and to the health sector and in our commitment to our President Duterte as embodied in the letter of the undersigned dated 10 January 2020 ,
Rest assured that ANG NARS Party-list will always be your competent partner in providing rightful pay to our nurses. More so, given the present time of pandemic and deployment ban on migrant health workers, we should now give what is due them, since 2002, in order to attain quality public health services.
Kalusugan Para Sa Bayan!
(signed)
LEAH PRIMITIVA G. SAMACO-PAQUIZ, DEd. LPT, RN
Representative, ANG NARS Party-list
16th Congress of the Philippines
Founding President, ANG NARS Inc.
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