Supreme Court upholds validity of SG 15 minimum pay for gov't nurses

The Supreme Court (SC) has upheld the validity of a legal provision setting the minimum base pay for nurses in government health institutions to Salary Grade 15, but said implementing the clause would require a law providing funds for it.

The SC ruled in favor of government nurses by declaring as valid Section 32 of Republic Act No. 9173 or the Philippine Nursing Act in its en banc session on Tuesday, the SC Public Information Office (PIO) announced Wednesday.

"However, the Court did not grant the prayer of the petitioners to compel the implementation of Sec. 32 of RA 9173 since its implementation would necessarily require a law passed by Congress providing the necessary funds for it," the PIO said in a press statement.

RA 9173 provides that the minimum base pay of nurses working in public health institutions should not be lower than Salary Grade 15. But in June 2009, Congress adopted a joint resolution modifying the base pay schedule of military and uniformed personnel in the government.

Arroyo implemented the joint resolution in the same month by issuing an executive order that increased the salary grade of the Nurse I position from 10 to 11.

The Ang Nars Party-list filed a petition before the SC challenging the validity of the executive order and asking that the government be compelled to implement Section 32 of RA 9173. The tribunal heard oral arguments on the case last February.

The SC ruled that Joint Resolution No. 4, "being a mere resolution, cannot amend or repeal a prior law such as RA 9173 or the Philippine Nursing Act."

"The same applies to EO 811 which is also not a law, but an executive directive," the SC PIO said.

Senior Associate Justice Antonio Carpio wrote the decision, a copy of which was not immediately available.

"If there is money to fund it, great, then we support it 1,000% but that is now a DBM (Department of Budget and Management) call and the Department of Finance because it is easy to say, 'yes, we'll give you higher salary...'" said Health Secretary Francisco Duque III when asked for comment.

"At the end of the day, the question is meron bang pondo?" he said at the Kapihan sa Manila Bay news forum on Wednesday. — MDM, GMA News