Senator says releasing 4th tranche of salary hike not unconstitutional

Senator Panfilo Lacson said Thursday that releasing the fourth salary increase of government workers is backed by both funding and legal basis, contrary to the statement of Budget Secretary Benjamin Diokno.

“Mr. DBM Secretary, implement the salary increase now. It is not unconstitutional,” Lacson said in a post on Twitter.

“It has basis in law and there is P99.446 billion under the MPBF (Miscellaneous Personnel Benefits Fund) in the 2018 budget. Pointing to a re-enacted budget won’t fly,” the senator added.

The MPBF allows the government to address personnel requirements of public institutions.

Of the P99.446 billion in the MPBF under the 2018 budget, P62.8 billion is for Compensation Adjustment, while P12.36 billion is for Staffing Modification Upgrading of Salaries, Lacson said.

“Obviously, there is legal basis as there are funds to implement the salary hike, especially for the first quarter of 2019,” he said.

Executive Order No. 201, signed by former President Benigno Aquino III, provides for a salary increase for civilian government employees this year, the senator noted.

Joint Resolution No. 1, signed by President Rodrigo Duterte, provides for a pay hike for military and uniformed personnel also this year.

Diokno said Wednesday the wage hike may only be implemented once the 2019 budget is passed into law. 

“There’s no legal basis for adjusting the pay ... You cannot force me to do something which is unconstitutional.”

The salary increase should be reflected when employees get their salaries on January 15.

On Tuesday, Minority Leader Franklin Drilon called on the DBM not to hold “hostage” the salary increase of government employees because the proposed 2019 budget has not yet been passed by Congress.

Drilon said the Budget department may implement the fourth salary adjustment immediately as the fund and the authorization are available.

“The DBM does not have to wait for Congress to approve the 2019 General Appropriations Act. The non-passage of the 2019 national budget is a non-issue in the implementation of the salary increase because the money is there and the authorization is there,” he said in a statement.

The DBM will not be violating any law if it implements the increase.

“It is already specified in the resolution signed by then President Benigno S. Aquino III that the increase should be implemented in four tranches up to 2019,” Drilon said.

A re-enacted budget could fund the salary increase as the DBM could tap excess funds from the Miscellaneous and Personnel Benefit Fund (MPBF), or the Congress can pass a supplemental budget to augment the budgetary requirement, he added.

If there will be any delay in the release of salary increase, it would only be for a month, Senate President Vicente Sotto III said. 

“One month lang naman ang delay kung tutuusin. ‘Yung delay ay hindi na siguro masyadong makakasakit,” he said in news forum.

The government is currently operating on the re-enacted budget for 2018, until the 2019 budget is signed into law. The Senate is set to resume deliberations on the proposed 2019 budget on January 14.

Last December, Lacson unearthed and questioned several pork-like insertions in the proposed 2019 budget, which involved grave abuse of discretion by lawmakers. These included:

• ballooning allocations to infrastructure in some legislative districts

• Tulong Dunong program where lawmakers distribute checks to chosen scholars, even if the Universal Access to Quality Tertiary Education (Free Tuition Act) has already been passed

The government is currently operating on the re-enacted budget for 2018, until the 2019 budget is signed into law. The Senate is set to resume deliberations on the proposed 2019 budget on January 14.

“We are assuring them, as far as the Senate is concerned, na hopefully next week when we resume we will be able to pass it on third reading. Hopefully, by 27th of January, ay ratified na ito ng both Houses at pwede na pirmahan ng Pangulo,” Sotto said. —VDS, GMA News