524 Phil. 366
CALLEJO, SR., J.:
(7) Administering and managing all personnel, physical, and fiscal resources of the school;Under Section 14 of the law, the DepEd Secretary is mandated to "promulgate the implementing rules and regulations within ninety (90) days after the approval of the Act, provided that the principle of shared governance shall be fully implemented within two (2) years" after such approval.
(8) Recommending the staffing complement of the school based on its needs;
(9) Encouraging staff development;
x x x x(11) Accepting donations, gifts, bequests, and grants for the purpose of upgrading teachers'/learning facilitators' competencies, improving and expanding school facilities, and providing instructional materials and equipment. Such donations or grants must be reported to the appropriate district supervisors and division superintendents; and
(12) Performing such other functions as may be assigned by proper authorities.[15]
In a Letter dated March 1, 2002 addressed to then DepEd Secretary Raul Roco, the IBP stated that, per its review of the documents submitted by the PSDSA, it found the latter's position valid and legal, to wit:
- Restoration of the functions, duties, responsibilities, benefits, prerogatives, and position level of Public Schools District Supervisors.
- Upgrading of Salary Grade level of Public Schools District Supervisors from Salary Grade Level 19 to Salary Grade Level 24 under DBM Circular No. 36, otherwise known as the Compensation and Position Classification Rules and Regulation.
[16]
First: The basis for the abolition of the position of District Supervisors under the Attrition Law and DECS Department Order No. 110, Series of 1991 is no longer valid and rendered moot and academic due to issuance of DECS Department Order No. 22, Series of 1996 and the passage by Congress of the Philippines of Republic Act No. 9155, otherwise known as the Basic Education Governance Act of 2000. Under R.A. 9155, school districts are mandated to be maintained and responsibilities of Public School�s Districts Supervisors have been clearly defined.The PSDSA thus requested the DepEd Secretary to call an immediate consultation with the district supervisors nationwide through a convention, and their valid inputs be considered in formulating the rules and regulations to be urged by the DepEd. However, the Secretary failed to reply. Thus, the IBP reiterated the concerns raised by the PSDSA in a Letter[18] to the DepEd dated April 15, 2002.
Second: There is a clear case of discrimination of grant of salaries and benefits to District Supervisors compared to salaries and benefits received by the School Principals - which position is lower in the hierarchy of positions as prepared by the Department of Education and the Department of Budget and Management. School Principals and District Supervisors enjoy the same level of Salary Grade even if the latter position is considered as a promotion and enjoys a higher level of position than that of the position of School Principals.[17]
SECTION 4.1. The Schools Division Superintendent. - A division shall consist of a province or city which shall have a schools division superintendent. There shall be at least one assistant schools division superintendent and office staff for programs promotion, planning, administrative, fiscal, legal, ancillary, and other support services.Sections 5.1 and 5.2, Rule V of the IRR, in turn, provide:
SECTION 4.2. Authority, Accountability, and Responsibility of the Schools Division Superintendent. - Consistent with the national educational policies, plans, and standards, the schools division superintendents shall have authority, accountability, and responsibility for the following:SECTION 4.3. Appointing and Disciplinary Authority of the Schools Division Superintendent. - The schools district superintendent shall appoint the division supervisors and school district supervisors as well as all employees in the division, both teaching and non-teaching personnel, including school heads, except for the assistant schools division superintendent, subject to the civil service laws, rules and regulations, and the policies and guidelines to be issued by the Secretary of Education for the purpose.1) Developing and implementing division education development plans;2) Planning and managing the effective and efficient performance of all personnel, physical, and fiscal resources of the division, including professional staff development;3) Hiring, placing, and evaluating all division supervisors and schools district supervisors as well as all employees in the division, both teaching and non-teaching personnel, including school heads, except for the assistant division superintendents;4) Monitoring the utilization of funds provided by the national government and the local government units to the schools and learning centers;5) Ensuring compliance of quality standards for basic education programs and for this purpose strengthening the role of division supervisors as subject area specialists;6) Promoting awareness of, and adherence by, all schools and learning centers to accreditation standards prescribed by the Secretary of Education;7) Supervising the operations of all public and private elementary, secondary, and integrated schools, and learning centers; and8) Performing such other functions as may be assigned by the Secretary and/or Regional Director.
The schools division superintendent shall have disciplinary authority only over the non-teaching personnel under his jurisdiction.
Such exercise of disciplinary authority by the schools division superintendent over the non-teaching personnel shall be subject to the civil service laws, rules and regulations, and procedures and guidelines to be issued by the Secretary of Education relative to this matter.
The Regional Director shall continue exercising disciplinary authority over the teaching personnel insofar as the latter are covered by specific and exclusive disciplinary provisions under the Magna Carta for Public School Teachers (R.A. No. 4670).[19]
SECTION 5.1. The Schools District Supervisor. - A school district shall have a school district supervisor and office staff for program promotion.On March 13, 2003, the PSDSA, the national organization of about 1,800 public school district supervisors of the DepEd, in behalf of its officers and members, filed the instant petition for prohibition and mandamus, alleging that:
The schools district supervisor shall primarily perform staff functions and shall not exercise administrative supervision over school principals, unless specifically authorized by the proper authorities. The main focus of his/her functions shall be instructional and curricula supervision aimed at raising academic standards at the school level.
The schools district supervisor shall be specifically responsible for:1) Providing professional and instructional advice and support to the school heads and teachers/facilitators of schools and learning centers in the district or cluster thereof;The schools district supervisor being mentioned in this section shall refer to a public schools district supervisor.
2) Curricula supervision; and
3) Performing such other functions as may be assigned by the Secretary, Regional Directors, and Schools Division Superintendents where they belong.
SECTION 5.2. The School District. - A school district already existing at the time of the passage of this Act shall be maintained. However, an additional school district may be established by the regional director based on criteria set by the Secretary and on the recommendation of the schools division superintendent. For this purpose, the Secretary of Education shall set standards and formulate criteria as basis of the Regional Directors of the establishment of an additional school district.[20]
Petitioners maintain that the questioned provisions of the IRR are invalid because they "extended or expanded and modified" the provisions of R.A. No. 9155. They argue that the said law should be read in harmony with other "existing educational laws" which it did not specifically repeal, such as Batas Pambansa Blg. 232, otherwise known as "The Education Act of 1982," as amended by R.A. No. 7798; R.A. No. 4670, otherwise known as the "Magna Charta for Public School Teachers"; and R.A. No. 7784 captioned "An Act to Strengthen Teacher Education in the Philippines by Establishing Centers of Excellence, Creating a Teacher Education Council for the Purpose, Appropriating Funds Therefore, and for Other Purposes."
- THE ACT OF THE DEPARTMENT OF EDUCATION IN REMOVING PETITIONERS' ADMINISTRATIVE SUPERVISION OVER ELEMENTARY SCHOOLS AND ITS PRINCIPALS (SCHOOL HEADS) WITHIN HIS/HER DISTRICT AND CONVERTING HIS/HER ADMINISTRATIVE FUNCTION TO THAT OF PERFORMING STAFF FUNCTION FOR THE DIVISION OFFICE PER SECTION 5.1 RULE V OF THE IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT 9155 (DEPED ORDER NO. 1, SERIES OF 2003) IS A GROSS VIOLATION OF REPUBLIC ACT 9155 - THE GOVERNANCE OF BASIC EDUCATION ACT OF 2001.
- THE IMPLEMENTING RULES AND REGULATION OF REPUBLIC ACT 9155 AS PROMULGATED UNDER DEPED ORDER NO. 1, SERIES OF 2003 EXPANDED THE LAW AND INCLUDED PROVISIONS WHICH ARE DIAMETRICALLY OPPOSED TO THE LETTER AND SPIRIT OF THE SUBJECT LAW.
- THE DOWNGRADING OF SALARY GRADE LEVEL OF THE PUBLIC SCHOOLS DISTRICT SUPERVISOR OR THE NEGLECT OR REFUSAL OF THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF BUDGET AND MANAGEMENT TO UPGRADE THE SALARY GRADE LEVEL OF PUBLIC SCHOOLS DISTRICT TO A RESPECTABLE LEVEL OF SALARY GRADE HIGHER THAN THAT OF THE PRINCIPALS - DESPITE CLEAR INTENTION OF R.A. 9155 TO RETAIN THE POSITION OF PSDS IN THE HIERARCHY OF ADMINISTRATIVE MANAGERS AND OFFICERS OF THE DEPARTMENT OF EDUCATION - IS UNCONSTITUTIONAL AND ILLEGAL.[21]
(1) Providing professional and instructional advice and support to the school heads and teachers/facilitators of schools and learning centers in the district or cluster thereof;As gleaned from the Senate deliberations on Senate Bill No. 2191, the district supervisors were divested of any administrative supervision over elementary and public high schools. The Senate resolved to vest the same in the division superintendents, and the Lower House concurred. Senator Rene Cayetano proposed that the traditional function of the school supervisors of exercising administrative supervision over the elementary and public high schools be maintained. However, Senator Tessie Aquino-Oreta, the Chairperson of the Senate Committee on Education and the Sponsor of the Bill, objected to such proposal:
(2) Curricula supervision; and
(3) Performing such other functions as may be assigned by proper authorities.
When the session resumed, Senator Cayetano no longer pursued his proposed amendment, and moved instead that the same be amended to read "Curricula Supervision." The Senate approved the proposal of the Senator:
- The President:
- Why do we not say AND SHALL NOT BE INCLUDED?
- Senator Cayetano:
- Yes, better yet, Mr. President. I thank the Chair for that amendment.
- The President:
- All right. Can we approve that? The sponsor accepts the amendment, I assume.
- Senator Aquino-Oreta:
- Yes, Mr. President.
- The President:
- Is there any objection from the floor? (Silence) There being none, the amendment is approved.
- Senator Cayetano:
- Thank you, Mr. President.
- In line 17, it ends with the conjunction "and." I would like to propose an amendment by inserting a new paragraph (b). This is, of course, the duties and responsibilities of schools district supervisors. It is to SUPERVISE SCHOOL PRINCIPALS IN THE DISTRICT, because right now, this is exactly their job.
- Again, the reality is, there are efforts to minimize, if not remove, the principal function of school supervisors, which is to supervise school principals in the district. I just want it to be there to ensure that their primary functions remain as such.
- Therefore, what appears as paragraph (b) in line 18 will now be subparagraph (c).
- The President:
- What does the sponsor say?
- Senator Aquino-Oreta:
- Mr. President, may I just explain. There are two school supervisors. One is for the academic function and the other is for the administrative function. As such, if these two supervisors will dictate to the principals, then our thrust in reducing the level of bureaucracy might not be met. Also, the thrust of this governance bill really is to flesh out the importance of the school as the heart of education here. In that heart, we have the teacher, the student, and the school head.
- What we are trying to do here is to bring to the forefront the school itself. In fact, right now, there is a move in the DECS to do away with the school supervisor in charge of administrative and leave that function to the principal. If the principal, the school head will be dictated upon by these two school supervisors, we might not be able to achieve what we want to do here - putting to the forefront the school itself. Meaning, putting to the forefront the school head, the teacher, and the student.
- Senator Cayetano:
- Mr. President, I would like to thank the sponsor for that enlightenment. That is precisely my point.
- Not too long ago, I was a speaker before the school supervisors all over the land. One of the points that they complained about was, in most cases, their job to supervise school principals is now being removed or have been removed simply because - and I may be inaccurate here - the Japanese government - I know it is a foreign government that funded a study of the organizational setup of the DECS - has recommended the abolition of school supervisors.
- This is the reason this representation would like to ensure that the traditional function of the school supervisors, among which is to supervise school principals, remain as such. What is good for the Japanese education is not necessarily good for the Philippines. This representation knows that this is precisely one of the complaints of the school supervisors.
- The lady sponsor admitted that, indeed, there is an effort to phase out the school supervisors. That is precisely my point, Mr. President. I do not want the school supervisors to be phased out simply because a foreign government which funded the study of our education has suggested it.
- The President:
- What does the sponsor say?
- Senator Aquino-Oreta:
- Mr. President, actually, it is not Japanese. It is an ADB proposal to the DECS. The DECS had a study made on how to improve the management order of the DECS. That was one of the proposals. They gave three proposals. One of them was to take out the school supervisors.
- But precisely, Mr. President, we are not doing that, we are not taking them out. What we are saying is for the school supervisor to focus on the curriculum because in the administration of the affairs of the school, we are saying that the principal knows best how to administer or how to run the school better. And so, we are saying here that school supervisors will be there contrary to the view of that ADB study. We will maintain them, but the focus of the school supervisors will be on the curriculum of the schools.
- Senator Cayetano:
- Mr. President, again I thank the lady senator. But again let us look at who supervisors of schools are. Supervisors of schools once upon a time were all school principals. They rose from the ranks, that is why they are fully aware of the administrative as well as the instructional capability of the principals now who are under them. To remove their right to supervise, - now it is the ADB, I am correct, the lady senator is correct because as I said I was not sure - to remove this traditional function would really render the supervisors practically without anything to do. That is why they are now being justified that henceforth there will be no principals that will be promoted as school supervisors because when the school supervisors reach the age of retirement and retire, no principals shall be promoted to that level. But these school supervisors now, Mr. President, were once upon a time in their professional lives principals, and they know best how the schools should be run - administratively and instructionally. That is the reason for that, Mr. President.
- The President:
- What does the sponsor say?
- Senator Cayetano:
- So, may I ask the sponsor to accept this, Mr. President.
- Senator Aquino-Oreta:
- Mr. President, what was the amendment?
- Senator Cayetano:
- To insert a new paragraph, paragraph (b) in line 18, which states: SUPERVISE SCHOOL PRINCIPALS IN THE DISTRICT.
- The President:
- May I suggest, THE SUPERVISION OF SCHOOL PRINCIPALS IN THE DISTRICT, because -
- Senator Cayetano:
- Yes, Mr. President.
- The President:
- - the antecedent for that is, "The schools district supervisor shall be responsible for."
- Senator Cayetano:
- That is right, Mr. President. Supervision, yes.
- The President:
- What does the sponsor say?
- Senator Aquino-Oreta:
- Mr. President, may I have one minute?
SUSPENSION OF SESSION- Senator Tatad:
- Mr. President, I move that we suspend the session for one minute.
- The President:
- Is there any objection? (Silence) There being none, the session is suspended for one minute.
- It was 5:33 p.m.
RESUMPTION OF SESSION- At 5:43 p.m., the session was resumed.
- The President:
- The session is resumed.
SUSPENSION OF CONSIDERATION OF S. NO. 2191- Senator Tatad:
- Mr. President, we are still trying to find a way out of these conflicting points of view on the role of the supervisor. To allow the parties to have a little more time to work on this, I move that we suspend consideration of Senate Bill No. 2191. (Underscoring supplied)[32]
Thus, under R.A. No. 9155, administrative supervision over school heads is not one of those responsibilities conferred on district supervisors.
- The President:
- The session is resumed. Senator Cayetano is recognized.
CAYETANO AMENDMENT- Senator Cayetano:
- Thank you, Mr. President.
- With the permission of the lady senator, after consulting her and the Majority Leader, I would like to propose an amendment by rewording the original amendment I was proposing last night. The reworded proposed amendment would be like this: CURRICULA SUPERVISION.
- The President:
- That would be on what page?
- Senator Cayetano:
- That would be on page 10, line 17, as a new paragraph (b).
- The President:
- And how will it read?
- Senator Cayetano:
- CURRICULA SUPERVISION.
- The President:
- Just that?
- Senator Cayetano:
- Just that, Mr. President.
- Senator Tatad:
- Put a semicolon (;).
- Senator Cayetano:
- And because of that, line 18 which is paragraph (b), should now be paragraph (c).
- The President:
- What does the sponsor say?
- Senator Aquino-Oreta:
- The amendment is accepted, Mr. President. (Underscoring supplied)[33]
Under DECS Order No. 36, Series of 1998 issued by DECS Secretary Erlinda C. Pefianco, the positions of district supervisors were restored to their original status as a supervisory level in the DECS administrative hierarchy subject to the following guidelines:a) Schools superintendents, with the concurrence/approval of their regional directors, may have the option to restore the position in selected districts after a careful evaluation of need. For this purpose, the number of schools and their geographical location and distance for effective monitoring, the availability of regular transportation, urban-rural setting, etc., should be considered in the decision.b) The role of the district supervisor as an instructional leader and resource for teachers, rather than merely as an administrative supervisor, should be emphasized in their functions and duties.c) In the event of restoration and appointment of the position in a particular district, the school superintendent shall ensure that the system of field supervision previous to the issuance of DECS Orders No. 110, s. 1991 and No. 41, s. 1994 shall, likewise, be restored. Correspondingly, the designation of coordinating principals in affected districts shall be withdrawn.d) Should a division office opt not to restore some or all district supervisor positions, the funds for such positions may be used to create new positions or upgrade existing positions, subject to the approval of the Department of Budget and Management.e) Considering that a number of vacated district supervisor positions in some divisions may have been converted to other positions and/or otherwise phased out since 1991, appointments of district supervisors shall be issued by regional directors only upon verification from the Department of Budget and Management that the said position may be filled.
It is enjoined that regional directors and schools superintendents shall exert special effort to ensure that the implementation of this Order shall be harmonious and conducive to field supervision.[37]
However, as already stated, the Senate resolved to maintain the positions of district supervisors but limited their responsibilities only to those enumerated in Section 7(D) of R.A. No. 9155 to conform to the basic thrust and objectives of the law. Far from strengthening the office of the district supervisors as a mid-head field office of the DepEd, the law limited the authority and responsibility attached to such position.1.1 The positions of Education and District Supervisors are hereby restored to their original status as a supervisory level in the DECS administrative hierarchy, subject to the following guidelines:In the event of restoration and appointment of public schools district supervisor, the designation of the coordinating principal shall be withdrawn.1.1.1 The functions of a district supervisor as an instructional leader and resource person for teachers should be emphasized.
Appointment of district supervisors shall be issued by regional directors only upon verification from the Department of Budget and Management that the positions still exist since a number of vacated district supervisor positions in some divisions may have been converted to other positions and/or otherwise phased out since 1991.[38]
Section 7 of RA 9155, on School District Level, pertinently provides that "a school district shall have a school district supervisor and an office staff for program promotion," and that the schools district supervisor shall be responsible for: (1) "(p)roviding professional and instructional advice and support to the school heads and teachers/facilitators of schools and learning centers in the district [or] cluster thereof;" (2) "(c)urricula supervision;" and, (3) "(p)erforming such other functions as may be assigned by the proper authorities."The Court likewise declares that the last paragraph of Section 4.3 of the IRR, stating that the regional director shall continue exercising disciplinary authority over the teaching personnel insofar as the latter are covered by specific and exclusive disciplinary provisions under R.A. No. 4670 ("Magna Carta for Public School Teachers") does not contravene R.A. No. 9155. Indeed, the IRR merely reiterates the DECS Rules of Procedure, DECS Order No. 33, issued on March 30, 1999 by the DepEd Secretary, and R.A. No. 4670 which was approved on June 18, 1966, and pursuant to Section 7, Chapter II, Book IV of the 1987 Administrative Code, which provides that the DepEd Secretary is empowered to
A perusal of Section 7 shows that the District Supervisor has limited responsibilities, and that the power to exercise administrative supervision over the ESPs is not covered by responsibility nos. 1 and 2. Neither is that power covered by the directive that the District Supervisor shall have an office staff for program promotion. The only logical conclusion, therefore, that can be derived from the aforesaid enumeration of responsibilities is that the District Supervisor may only exercise administrative supervision over ESPs when such function is assigned by proper authorities. And, since the DepEd Secretary specifically declared through the IRR of RA 9155, that the District Supervisor shall not exercise administrative supervision over the ESPs, unless otherwise authorized, petitioners cannot complain against the said declaration. On this score, it is settled that the intent of the statute is the law (Philippine National Bank v. Office of the President, 252 SCRA 5 [1996]). In the absence of legislative intent to the contrary, words and phrases used in a statute should be given their plain, ordinary and common usage meaning (Mustang Lumber, Inc. v. Court of Appeals, 257 SCRA 430 [1996]).
Needless to say, Section 7, on Division Level, further provides that the School Division Superintendent shall have authority, accountability and responsibility for, among others, "(s)upervising the operation of all public and private elementary, secondary and integrated schools, and learning centers." To claim, therefore, that the District Supervisor has administrative supervision over the ESPs would also violate the above-quoted provision.[41]
Additionally, the IRR was issued by the DepEd Secretary pursuant to Section 7(A)(1) of R.A. No. 9155, which mandates that the Secretary formulate national educational policies and enhance the employment status, professional competence, welfare, and working conditions of all the DepEd personnel.[42]
- Promulgate rules and regulations necessary to carry out department objectives, policies, functions, plans, programs, and projects; and
- Promulgate administrative issuances necessary for the efficient administration of the offices under the Secretary and for execution of the laws relative thereto.
x x x all persons engaged in classroom teaching, in any level of instruction, on full-time basis, including guidance counselors, school librarians, industrial arts, or vocational instructors, and all other persons performing supervisory and/or administrative functions in all schools, colleges and universities operated by the Government or its political subdivisions; but shall not include school nurses, school physicians, school dentists, and other school employees.A division superintendent of schools is not a disciplining authority over teachers, whether under R.A. No. 4670 or under the DECS Rules of Procedure. In fact, under Section 2, Chapter VII of such Rules of Procedure, a division superintendent is a chairperson of the investigating committee over formal complaints filed against such teachers:
The foregoing rule is based on Section 9 of R.A. No. 4670 which reads:a) When the respondent is an elementary or secondary school teacher, head teacher, principal, district supervisor/chair/coordinator or Education Supervisor I -(1) The schools division superintendent or his or her duly authorized representative, as chairperson;(2) The duly authorized representative of the school, district, or division teacher's organization, as member; and(3) The division supervisor for elementary or secondary education where the respondent belongs, as member.
Sec. 9. Administrative Charges. Administrative charges against a teacher shall be heard initially by a committee composed of the corresponding School Superintendent of the Division or a duly authorized representative who should, at least, have the rank of a division supervisor, where the teacher belongs, as chairman, a representative of the local or, in its absence, any existing provincial or national teacher's organization and a supervisor of the Division, the last two to be designated by the Director of Public Schools. The committee shall submit its findings and recommendations to the Director of Public Schools within thirty days from the termination of the hearings: Provided, however, That where the school superintendent is the complainant or an interested party, all the members of the committee shall be appointed by the Secretary of Education.Anent the issue on reporting of acceptance of donations, Section 7(E)(11) of R.A. No. 9155 provides:
(11) Accepting donations, gifts, bequests, and grants for the purpose of upgrading teachers'/learning facilitators' competencies, improving and expanding school facilities, and providing instructional materials and equipment. Such donations or grants must be reported to the appropriate district supervisors and division superintendents. (emphasis supplied)However, Section 6.2(11), Rule VI of the IRR provides that:
(11) Accepting donations, gifts, bequests, and grants in accordance with existing laws and policy of the Department for the purpose of upgrading teachers'/learning facilitators' competencies, improving and expanding school facilities, and providing instructional materials and equipment. Such donations or grants must be reported to the division superintendents. (emphasis supplied)We agree with petitioners' contention that, under the law, donations and grants must be reported to the appropriate district supervisors and not only to the division superintendents. The use in the law of the word "must" is an expression of the mandatory nature of the reporting of donations and grants to district supervisors. The reason for the provision is that such grants and donations which are intended to upgrade teachings/learning facilitators' competencies, improve and expand school facilities, and provide instructional materials and equipment will assist the school district supervisors in the performance of their duties and responsibilities under Section 7(D) of R.A. No. 9155, and submit appropriate recommendations to the proper administrative officers.
Sec. 17. Powers and Functions. - The Budget Commission (now Department of Budget and Management), principally through the OCPC (now CPCB, Compensation and Position Classification Board) shall, in addition to those provided under other Sections of this Decree, have the following powers and functions:Sections 10 and 11 of R.A. No. 9155 provide:
a. Administer the compensation and position classification system established herein and revise it as necessary;
x x x x
f. Certify classification actions and changes in class or grade of positions whenever the facts warrant, such certification to be binding on administrative, certifying, payroll, disbursing, accounting and auditing officers of the national government and government-owned or controlled corporations and financial institutions.
SEC. 10. The Secretary of Education and the Secretary of Budget and Management shall, within ninety (90) days from the approval of this Act, jointly promulgate the guidelines on the allocation, distribution, and utilization of resources provided by the national government for the field offices, taking into consideration the uniqueness of the working conditions of the teaching service.And insofar as the salary system for teaching positions is concerned, Section 14 provides:
The Secretary of the Department of Education shall ensure that resources appropriated for the field offices are adequate and that resources for school personnel, school desks, and textbooks and other instructional materials intended are allocated directly and released immediately by the Department of Budget and Management to said offices.
SEC. 11. The Secretary of the Department of Education, subject to civil service laws and regulations, shall issue appropriate personnel policy rules and regulations that will best meet the requirements of the teaching profession taking into consideration the uniqueness of the working conditions of the teaching service.
SEC. 14. The Salary System for Teaching Position. - The salary grade of a teacher shall be determined in accordance with the following:Moreover, the issue of whether or not respondents should be compelled to adjust upwards the salary grade of petitioners to SG 21 has become moot and academic, because, on November 3, 2003, the DepEd and the DBM issued Joint Circular No. 1, Series of 2003 containing the guidelines in the implementation of the Salary Upgrading for District and Education Supervisors, to wit:
a. The Teachers' Preparation Pay Schedule shall be prepared by the Commission in consultation with the Department of Education and Culture. Under this system, the teacher's academic or educational preparation, teaching experience in both private and public schools, and extra-curricular activities for professional growth, shall be considered in pursuance of the principle of 'equal pay for equal training and experience.'
x x x x
d. The Budget Commission, in coordination and consultation with the Department of Education and Culture and the Civil Service Commission may, when future needs require, modify, change or otherwise improve on the salary system herein established for the teaching and closely related occupations, any change that may be made as provided herein shall become part of the implementing rules of this Decree to be issued by the Budget Commission upon prior approval by the President.
4.0 GUIDELINESIN VIEW OF ALL THE FOREGOING, the petition for prohibition is PARTIALLY GRANTED. Joint Circular No. 1, Series of 2003 is declared valid, except Section 6.2(11), Rule VI thereof which provides that "donations or grants shall be reported only to the division superintendents." Such donations or grants must also be reported to the appropriate school district supervisors, as mandated by Republic Act No. 9155. Petitioners' prayer for the issuance of a writ of mandamus is DENIED for lack of merit. No costs.5.0 SALARY RULES4.1 To maintain the previous salary grade relationships under RA No. 6758 among the PSDS and ES I, on the one hand, and Elementary School Principal (ESP) IV and Secondary School Principal (SSP) II, on the other hand, and to preserve the consistency in the salary grade relationships of said positions, the following are hereby authorized:4.1.1 Upgrading of the PSDS and ES I positions from SG-19 to SG-20 in July 2003 and to SG-21 in July 2004;4.1.2 Upgrading of the ES II positions by two (2) salary grades from SG-20 to SG-21 in July 2003 and to SG-22 in July 2004;4.1.3 A one-step salary adjustment to incumbents of ES III positions starting July 2003 and another one-step salary adjustment starting July 2004;4.1.4 A one-step salary adjustment to incumbents of CES positions starting July 2003 and another one-step salary adjustment starting July 2004.4.2 Attached herewith is Annex A containing the summary of the guidelines for the salary upgrading of positions authorized herein.6.0 FUNDING SOURCE5.1 For purposes of the salary upgrading herein authorized, the basic salary of the employee concerned shall be adjusted as follows:5.1.1 Effective July 1, 2003 - at the same salary step of his assigned salary grade as of June 30, 2003 (Illustrative Example A) adopting the Salary Schedule prescribed under National Budget Circular (NBC) No. 474 (Annex B);5.1.2 Effective July 1, 2004 - at the same salary step of his assigned salary grade as of June 30, 2004 (Illustrative Example A) adopting the Salary Schedule prescribed under National Budget Circular (NBC) No. 474 (Annex B).5.2 The transition allowance as defined in 3.2 being received by the PSDS and ES, if any, shall be considered as advance entitlement of the salary increase herein authorized. (Illustrative Examples B and C)5.3 No step adjustment shall be granted to incumbents of positions whose salary already falls at or exceeds the maximum step (eighth step) of the salary grade allocation of their positions. (Illustrative Example D)5.4 The herein salary increases shall be effected through the issuance of a Notice of Salary Adjustment (NOSA) by the duly authorized official. (Annex C)The amounts necessary to implement the salary adjustments authorized herein shall be charged against the Nationwide lump sum appropriation for the purpose amounting to fifty million pesos (P50,000,000) in the DepEd's budget in RA 9206, the CY 2003 General Appropriations Act. For CY 2004, the same shall be charged against the lump sum appropriation for the purpose that may be included in the 2004 budget.
7.0 POST-AUDITAny salary adjustment paid under this Circular shall be subject to post-audit by the DBM - ROs concerned. Any payments thereof which are not in accordance herewith shall be adjusted accordingly.
8.0 CONTRIBUTIONSThe salary adjustments authorized herein are subject to the mandatory requirements for life and retirement premiums, and health insurance premiums.
9.0 SAVING CLAUSEConflicts arising from the implementation of the provisions of this Circular shall be resolved by the Department of Education, upon prior consultation with the Department of Budget and Management.
10.0 EFFECTIVITYThis Circular Letter shall take effect on July 1, 2003.