Nurse group seeks SC help over salary grade dispute

A party-list group has asked has asked the Supreme Court (SC) to compel the government to enforce a provision under Republic Act 9173, also known as the Philippine Nursing Act of 2002, that puts the minimum base pay of government nurses not lower than Salary Grade 15 or at least P25,000.

In a 28-page petition for mandamus, Ang Nars Party-list Rep.Leah Primitiva Samaco-Paquiz also asked the SC to declare null and void Section 6 of Executive Order No. 811 issued by former President Gloria Macapagal-Arroyo, which upgraded the salary grade of an entry-level nurse from Salary Grade 10 to just Salary Grade 11.

"When the law is clear, government agencies are bound to implement the same. When jurisdiction is exercised beyond that of what is actually mandated by law, the findings made in abuse of the legal power, of the jurisdiction given, is null and void," the petitioner said.

Joining the party-list group in the petition was the Public Services Labor Indpendent Confederation headed by Annie Geron.

Ang Nars is an accredited party-list organization that promotes the rights of nurses.

Named respondents Executive Secretary Paquito Ochoa Jr., Budget Secretary Florencio Abad and the Department of Health.

The petitioners claimed that the Department of Budget and Management acknowledeged that there is a law providing for the entry level of government nurses to be Salary Grade 15 but stated that its implementation would "distort the hierarhical relationships of medical and allied positions in the bureaucracy and will require additional funding to the government coffers."

The petition added that the group has sought a legal opinion of the Department of Justice (DOJ)  to shed light on the conflicting pronouncements of the DBM with the provision under RA 9173 but it declined to render an opinion.

"Executive Order 811, as an administrative issuance, must be consistent with laws and should not amend or modify the law," the petition read.

"By reducing the salary grade of nurses from salary grade 15 as provided for by RA 9173 to salary grade 11, Executive Order 811 has violated the principle of non-diminution of pay expressly provided for in Joint Resolution No. 4," the petition read.

Paquiz insisted that government nurses are entitled for the enjoyment of the Salary Grade 15 in accordance with Section 32 of RA 9173 and its implementing rules and regulations. — Mark Merueñas/BM, GMA News