Philippine Councilors League

ADVOCACY CENTER
OFFICE OF THE NATIONAL PRESIDENT

LATEST UPDATES FOR THE 2014 CEBU NEO-NB QUARTERLY MEETING

IMPLEMENTED ADVOCACY

R.A. 10156 “ AN ACT CONFERRING UPON MEMBERS OF THE SANGGUNIAN THE APPROPRIATE CIVIL SERVICE ELIGIBILITY UNDER CERTAIN CIRCUMSTANCES AND FOR OTHER PURPOSES”

  • After a successful and strong lobby at the Senate and the House of Representatives by the National Officers of the PCL combined with a focus attention of the Advocacy Center, R.A. 10156 entitled “ AN ACT CONFERRING UPON MEMBERS OF THE SANGGUNIANG BAYAN, SANGGUNIANG PANLUNGSOD AND SANGGUNIANG PANLALAWIGAN, THE APPROPRIATE CIVIL SERVICE ELIGIBILITY UNDER CERTAIN CIRCUMSTANCES AND FOR OTHER PURPOSES” has been officially signed by the President on December 20, 2011.
  • It was only on March 8, 2013 that the IRR was finally promulgated thru CSC ResolutionNo. 1300486 entitled “ Implenting Rules and Regulations of RA NO. 10156 ( An Act Conferring Upon Members of the Sangguniang Bayan, Sangguniang Panlungsod and Sangguniang Panlalawigan, the Appropriate Civil Service Eligibility Under Certain Circumstances, and for Other Purposes”
  • Visit the home page of the Civil Service Commission for the Frequently Asked Questions on Eligibility and to download applicable forms.

ON-GOING ADVOCACY

ADVOCACY ON GSIS CONTINUED PREMIUM DISTRIBUTION

CURRENT STATUS:

The Omnibus Amendments to the GSIS Law is now in the Technical Working Group ( TWG ) of the Committee of Government Enterprises and Privatization chairedby Cong. Jesus Sacdalan of the 1st District of North Cotabato. Cong. Rufus Rodriquez of Cagayan City, a Committee member of the 15th Congress, successfully provided Sec. 4 of the Omnibus Bill that states “ Effect of Separation from the Service, ‘ A MEMBER MAY OPT TO CONTINUE THE PAYMENT OF THE NECESSARY CONTRIBUTION IN ORDER TO QUALIFY FOR ANY OF THE GSIS BENEFITS’.

A wrap up of the TWG Report to the Committee is scheduled in July, 2014.

BACKGROUND

•On November 25, 2010, the GSIS thru their Law Office, wrote PCL a letter signed by Atty. Estella Elamparo, Chief Legal Counsel, as a response to the PCL National Board Resolution s 2010requesting GSIS to allow Councilors/elective officials to continue paying their premium contribution even after their term ends to avail retirement benefits after 15 years of contribution payments, invoking the GSIS Charter provision.

•GSIS Charter, RA 8291, provides that separation from the government service terminates active membership from the GSIS and hence, a continued membership contribution is no longer allowed. Once an elective official no longer holds office has ceased to serve the Government, he no longer enjoys the full benefits of members.

•Fortunately, both houses of Congress is currently deliberating on an Omnibus Amendments to the GSIS law. In the Senate, Committee Report No. 41 was deliberated in the Plenary on October, 2011 attended by Couns. Suntay, Corro, Borja and others wherein a substitute Bill No. 2854 was for further refinement. In the House, individual GSIS amendments were filed and consolidated and discussed in a Committee Meeting.

•It is worthy to note that we have a champion in the House in the person of Cong. San Luis who Introduced HBN 3785 “ AN ACT IMPROVING THE WELFARE BENEFITS FOR THE MEMBERS OF THE GSIS, FURTHER AMENDING FOR THE PURPOSE PD NO. 1146, AS AMENDED, OTHERWISE KNOWN AS THE REVISED GSIS ACT OF 1977” of which Sec. 4. Effect of Separation from the Service provides that “ AFTER SEPARATION FROM THE SERVICE, A MEMBER MAY OPT TO CONTINUE THE PAYMENT OF THE NECESSARY CONTRIBUTIONS IN ORDER TO QUALIFY FOR ANY OF THE GSIS BENEFITS”. This was strongly supported by Cong. Rufus Rodriquez, a Committee member.

•DOJ opined that a remedy maybe availed of by using RA 7699 or the Portability Law wherein a former elective official may voluntarily contribute this time in the SSSSystem, either as an employee or a self-employed individual and the SSS will now add his total contribution so that he/she can enjoy social security benefits under the SSS law. Finally DOJ concluded that whether it is wise to broaden GSIS coverage by opening up even to non-government employees, it is a question better addressed in Congress given the plenary powers it enjoys.

•Committee Report No. 2688 on HB No. 6904 entitled “ An Act Further Strengthening the GSIS”dated February 5, 2013 carries the following provisions:

Sec. 5 Optional Membership- The following shall be given the option to continue their membership in the GSIS even beyond the mandatory retirement age of 65:

a) An official elected to public office before age 65 but who will reach the mandatory retirement age of 65 during his/her term. The elective official shall be allowed to continue paying life and retirement premiums until the end of his/her term including any period of election or election to another public office provided, that such period/s of re-election arecontinous.

STEP INCREMENT FOR ELECTIVE OFFICIALS

CURRENT STATUS:

The draft Implementing Rules and Regulations (IRR), after undergoing the first series of review by the CSC Commissioners, is now back with the originating Office, the Human Resource Policies and Standard Office ( HRPSO ) to draft the first revision incorporating the comments of the Commissioners after legal research and will transmit the revised draft to the Commissioners Secretariat ( ComSec ) for the final review of the Commissioners.

Some Comments to be Resolved:

  • If an elective local official finishes his/her 3rd term and re-elected to the sameposition after 3 years, will he/she be entitled to step 8 or go back to step 1,
  • The members of the House of Representatives wanted a Step 4 on their first term and Step 8 on the second term just like the Senators even if they have different term in Office.
  • Date of Effectivity. CSC proposes a pro-active effect while PCL proposed a retro-active effect, January 2010 as stated in the JOINT CONGRESSRESOLUTION No. 4of 2009.

Although it is stated in the Saving Clause of the Joint Circular of CSC and DBM that any issues that may arise in the course of Implementation, this will be jointly settled by CSC and DBM, both Departments agree to include in the IRR any probable issues.

CSC Chair Duque wanted to have the IRR finished on or before the end of the 2nd Quarter since this has been already long overdue considering that their original target date of completion was December 1013.

BACKGROUND

A policy on the rules and regulations on the grant of step increment/s due to meritoriousperformance and step increment due to length of service was issued through the Civil Service Commission (CSC) and Department of Budget and Management (DBM) Joint Circular No. 1, s. 2012 dated September 3, 2012.

In Item 4 of said circular, elective officials were excluded from the coverage thereof. However, the Department of Justice (DOJ) in its Opinion No. 38, s. 2012 concluded that they are covered and entitled to the step increment pursuant to R.A. 6758, Joint Congress Resolution No. 4of 2009and other relevant laws. The grant of step increment for elective officials shall be based solely on length of service because of their term of office. They shall enjoy this benefit as a form of reward for being re-elected on the same elective position.

1.0 Draft CSC and DBM Circular on the Rules and Regulations on the Grant of Step Increments Due to Length of Service for Elective Officials

On September 25, 2013, PCL received the above draft Joint Circular to prescribe the rules and regulations on the grant of Step Increments Due to Length of Service for elective officials. The Draft was the product of series of inter-agency consultations participated by PCL.

Highlights

  • Coverage

The Joint Circular applies to all incumbents of elective positions in the national and local government occupying the same position after series of elections.

  • Grant of Step Increments Due to Length of Service

Step incrementsdue to length of service shall be granted to electivofficials based on the following conditions:

For Senators, Steps 1 and 8 shall apply. Step 1 shall be granted on the first term and Step 8 shall be enjoyed whenever he/she is re-elected.

For Other Elective Officials, as mentioned on Item 3.2 (Coverage), Steps 1, 4 and 8 shall apply. Step 1 shall be granted on the first term, Step 4 on the second term upon re-election and Step 8 on the third term, if re-elected.

An elective official re-elected to a new elective position start from Step 1.

  • Adjustment of Salaries

The salary of the re-elected official shall be adjusted automaticall upon assumption to duty.

  • Fund Sources

For LGUs, the step increment shall be charged againstrespective government

funds not exceeding the budgetary limitation on personal services provided under

applicable laws or rules and regulations.

  • Saving Clause

Issues and concerns that may arise in the implementation of the Joint Circular shall be resolved jointly by the CSC and DBM.

FOR PCL INPUT/COMMENTS AND RECOMMENDATIONS

  • DRAFT REVISED GUIDELINES ON THE ESTABLISHMENT, MERGING, CONVERSION, ANDNAMING/RENAMING OF PUBLIC SCHOOLS AND SEPARATION OF SCHOOL ANNEXES IN BASIC EDUCATION (DepEd )
  • HB 283 * AN ACT INSTITUTIONALIZING THE PARTICIPATION OF BONA FIDE CIVIL SOCEITY ORGANIZATION (CSOs) BUDGET HEARINGS AND DELIBERATIONS IN CONGREES IN NATIONAL GOVERNMENT AGENCIES (NGAs) AND LOCAL GOVERNMENT UNITS (LGUs)”
  • ANTI –SIGNAGE OF PUBLICT WORKS ACT

SB No. 54 by Senator Miriam Defensor Santiago

“ An Act Prohibiting Public Officers from Claiming Credit through Signage Announcing a Public Works Project”

SB No. 12 by Senator Frances G. Escudero

“ An Act Declaring Unlawful any Government Projects to be Named or Identified After Government Officials and Other Persons whose Name or Identity May in Any Manner Be Associated With Said Officials”

HB No. 1297 by Senator Jinggoy Ejercito Estrada

‘ An Act Prohibiting Public Officers from Claiming Credit Through Signage Announcing A Public Works Project”

  • SB NO. 1092 BY SENATOR GRACE POE

“ AN ACT TO ENHANCE CITIZENS’ ACCESS TO GOVERNMENT INFORMATION AND SERVICES BY ESTABLISHING A SYSTEM IN WHICH GOVERNMENT DOCUMENTS ISSUED TO THE PUBLIC MUST BE WRITTEN CLEARLY, ORDAINING FOR THE PURPOSE A PLAIN WRITING FOR PHILIPPINE PUBLIC SERVICE ACT AND FOR OTHER PURPOSES”