[ SC CIRCULAR NO. 23-98, February 18, 1998 ]

[ SC CIRCULAR NO. 23-98, February 18, 1998 ]

[ SC CIRCULAR NO. 23-98, February 18, 1998 ]

OFFICE OF THE COURT OF ADMINISTRATOR

18 February 1998

TO :

All Judges and Lower Court Personnel

SUBJECT:

Guidelines on the Holding of Conventions or Conferences by Employees' Organizations in the Lower Courts

The following guidelines are hereby prescribed for the holding of conventions or conferences by employees' organizations (including judges' associations) in the lower courts, taking into consideration the provisions of Section 30, Chapter 5, Subtitle A (Civil Service Commission), Title I, Book V of the 1987 Administrative Code which state (1) that the "development and retention of a competent and efficient work force in the public service is a primary concern of government" and (2) that it "shall be the policy of the government that a continuing program of career and personnel development be established for all government employees at all levels:"

Permission to hold conventions or conferences shall be granted only to organizations or associations formed, registered and accredited in accordance with, among others, Rule IV on "Registration," Rule V on "Recognition/Accreditation" and Rule VI on "Certification Election" of the "Rules and Regulations to Govern the Exercise of the Right of Government Employees to Self-Organization" issued to implement Executive Order No. 180 dated 1 June 1987 entitled "Providing Guidelines for the Exercise of the Right to Organize of Government Employees, Creating a Public Sector Labor-Management Council, and For Other Purposes."

For this reason, all requests submitted to the Office of the Court Administrator for authority to hold the convention or conference subject hereof shall be accompanied by the documents listed in Annex "A" in accordance with the schedule therein. Any organization or association which cannot or fails to comply with the documentation requirements should submit the corresponding explanation.

Section 2, Rule III of the "Rules and Regulations to Govern the Exercise of the Right of Government Employees to Self-Organization" provides that "[t]he activities of the employees' organization shall not prejudice or disrupt public service." For this reason, conventions or conferences should as much as feasible be scheduled on weekends or, if proposed to be undertaken during a period of several days, should include Saturday and Sunday.

In accordance with the provisions of Administrative Circular No. 13-96 dated 28 November 1996, training programs of the Philippine Judicial Academy should be integrated into the conventions or conferences.

These training programs should be geared towards the improvement of the quality of judicial service through the enhancement of legal and managerial skills and knowledge and the strengthening of work values. In this relation, the officials of the employees' organizations should consult and coordinate with the Philippine Judicial Academy in the planning and the implementation of the training programs.

Attendance at the convention or conference shall not be considered on "official business chargeable to local funds." There are no provisions in (a) any existing statute; (b) the "Rules and Regulations to Govern the Exercise of the Right of Government Employees to Self-Organization;" or (c) the Omnibus Civil Service Rules and Regulations adopted by the Civil Service Commission through Resolution No. 91-1631 dated 27 December 1991 which provide the basis for considering and declaring the attendance of government officials and employees at such conventions, conferences or consultations as "on official business chargeable to local funds."

A complete report shall be submitted to the Office of the Court Administrator within ten (10) days from the closing of the convention or conference on the activities undertaken during the same. The report shall be accompanied by copies of the registration and daily attendance sheets actually signed by the officers and members of the employees' organizations personally present.

For strict compliance.

(SGD.) ALFREDO L. BENIPAYO

Court Administrator

Annex "A"

Documentation Requirements for Requests for Authority to Hold Conventions or Conferences

Documents

1. Initial request submitted during Calendar Year 1998

a. Copy of the Certificate of Registration signed by the Chairman of the Civil Service Commission and the Secretary of the Department of Labor and Employment;

b. Copy of the certification as to the status of the registered employees' organization from either the Office of Personnel Relations of the Civil Service Commission or the Bureau of Labor Relations of the Department of Labor and Employment; and

c. Copy of the certification of recognition or accreditation issued by the Office of Personnel Relations of the Civil Service Commission.

2. Subsequent requests

Copy of the current certification as to the status of the registered employees' organization from either the Office of Personnel Relations of the Civil Service Commission or the Bureau of Labor Relations of the Department of Labor and Employment.