DOJ concerned over immigration officers skipping overtime duty due to pay issues

Justice Secretary Vitaliano Aguirre II on Monday expressed concern over reports that some immigration officers have been skipping work amid the suspension of their overtime pay.

Aguirre said the development might affect the country's tourism industry and ability to safeguard its borders.

He said the lack of manpower limits the Bureau of Immigration's capability to screen arriving and departing passengers especially those with questionable travel documents.

Travelers, meanwhile, have to endure long queues at the immigration counters prior to boarding their flights, an issue Aguirre said was raised by Transportation Secretary Arthur Tugade last week.

"Last week tumawag sa akin si Secretary Tugade sinasabi niya because of this queue ay naaapektuhan ang operation ng DOTr (Department of Transportation) at ganyan din syempre ang nangyari dun sa Department of Tourism kaya the economy would be affected," Aguirre told reporters.

The issue on work stoppage came to fore after President Rodrigo Duterte vetoed a provision in the 2017 national budget which allowed the use of express lane funds for the overtime pay of BI workers.

The BI charges express lane fees from foreigners to expedite the processing of their permits.

According to the President, the use of express lane funds to augment the income of BI personnel has no legal basis and that the charges should now be deposited as income to the General Fund.

Budget Secretary Benjamin Diokno, meanwhile, said last February that the government has set aside P224.835 million this year specifically for the overtime pay of BI employees.

"The use of the express lane fund for the overtime pay of BI employees has been vetoed by the President precisely because there is already funding in the GAA (General Appropriations Act) for this purpose. So there is no more legal basis to use the express lane fund for their overtime pay,” Diokno said in a statement on February 24.

"All collections from the express lane fees must now be deposited in the General Fund with the National Treasury. This is the rule that all government agencies follow, and the BI cannot exempt themselves from the law.  Otherwise, this makes the collection open to misuse and corruption,” he added.

Diokno noted that the BI used a total of P784.94 million of the express lane fund to pay the overtime services of the BI workers in 2016 alone.

This is equivalent to 250 percent more than the prescribed rate provided in existing rules and regulations for overtime pay, he said.

"The BI was previously allowed to tap into the fund for the overtime pay of its workers on the condition that the grant will be consistent with the pertinent laws and rules on allowances for government employees.  Given that huge amount, it seems the BI did not comply with the law. They are insisting on using the express lane fund so they can continue enjoying the huge allowances they were used to, over and above what they are entitled to,” Diokno added.

With further threats of work stoppage, Diokno said that the government can tap into other offices to temporarily man the immigration counters, so that immigration operations in airports will not be disrupted.

Aguirre said he and Secretary to Cabinet Leoncio "Jun" Evasco Jr. are pushing for the restoration of the OT pay arrangement pending amendments to the Philippine Immigration Act.

"Ang nilalakad namin na palliative measure  until the new Immigration Law is approved na kung pwede ibalik 'yung dating pamamalakad sa express lane fund," Aguirre said.

"Siguro ang ating Pangulo na ang aaksyon dito considering hindi namin ma-convince ang DBM (Department of Budget and Management) tungkol sa temporary arrangement na ito," he added.

The President was scheduled to hold a Cabinet meeting in Malacañang later Monday. —NB, GMA News