GR 215746; (October, 2019) (Digest)
G.R. No. 215746 , October 8, 2019
ANG NARS PARTY-LIST, REPRESENTED BY CONGRESSWOMAN LEAH PRIMITIVA G. SAMACO-PAQUIZ, AND PUBLIC SERVICES LABOR INDEPENDENT CONFEDERATION, REPRESENTED BY ITS GENERAL SECRETARY ANNIE E. GERON, PETITIONERS, VS. THE EXECUTIVE SECRETARY, THE SECRETARY OF BUDGET AND MANAGEMENT, AND THE SECRETARY OF HEALTH, RESPONDENTS.
FACTS
Petitioners Ang Nars Party-List and Public Services Labor Independent Confederation filed a petition for certiorari and mandamus assailing the validity of Section 6 of Executive Order No. 811 (EO No. 811) and seeking to compel respondents to implement Section 32 of Republic Act No. 9173 (The Philippine Nursing Act of 2002). Section 32 of R.A. No. 9173 mandates that “the minimum base pay of nurses working in the public health institutions shall not be lower than salary grade 15.” On June 17, 2009, then President Gloria Macapagal-Arroyo approved Joint Resolution No. 4, which authorized the President to modify the government compensation system and stated that provisions of laws inconsistent with it, including R.A. No. 9173 , were amended. On the same date, President Arroyo signed EO No. 811 to implement Joint Resolution No. 4. Section 6 of EO No. 811 modified the salary grade assignment for Nurse I from Salary Grade 10 to Salary Grade 11, which is lower than the Salary Grade 15 prescribed by R.A. No. 9173 . Petitioners, through Congresswoman Paquiz, inquired with the Department of Health and the Department of Budget and Management about the non-implementation of Salary Grade 15 for nurses. The DOH referred the inquiry to the DBM, and the DBM replied that implementing Salary Grade 15 would distort hierarchical relationships of positions and require substantial additional personnel services costs. The Department of Justice declined to render a legal opinion on the matter.
ISSUE
Whether Section 6 of Executive Order No. 811, which sets the entry-level salary grade for Nurse I at Salary Grade 11, is valid despite the mandate in Section 32 of Republic Act No. 9173 for a minimum base pay of Salary Grade 15 for nurses in public health institutions.
RULING
The Supreme Court declared Section 6 of Executive Order No. 811 VOID insofar as it prescribes Salary Grade 11 as the entry-level salary grade for Nurse I. The Court ruled that Section 6 of EO No. 811 is inconsistent with Section 32 of R.A. No. 9173 , which provides for Salary Grade 15 as the minimum base pay. The Court held that Joint Resolution No. 4, which EO No. 811 implemented, could not amend R.A. No. 9173 . A joint resolution is not a law and does not have the effect of amending or repealing a prior statute unless it is separately enacted as such. The Court emphasized that the power to amend or repeal laws resides in Congress through the enactment of a bill, not through a joint resolution. Therefore, Section 32 of R.A. No. 9173 remains valid and must be implemented. The respondents were ordered to implement the minimum base pay of Salary Grade 15 for nurses working in public health institutions in accordance with R.A. No. 9173 .