[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
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. Elepaño
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
Elepaño 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 Elepaño, the recommendation was prompted by numerous request from judges to
include encoders in their staff to operate computers.
In the second proposal, Acting CA
Elepaño 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 Elepaño 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 Elepaño
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 Court
VII with a salary grade of 26,
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
items for 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 of the 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
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court