MANILA, Philippines – The government, through Solicitor General Jose Calida has asked the Supreme Court (SC) to dismiss the four-year old petition filed by Ang Nars Party-List which seeks to increase the salary of government nurses by enforcing a provision of Republic Act 9173 or the Philippine Nursing Act of 2002.
During Tuesday’s oral argument, Calida said the petition should be dismissed for violating the hierarchy of courts.
The party-list group wants the high court to compel the Department of Budget and Management (DBM) to allocate a budget for the nurses’ salary increase pursuant to RA 9173.
But Calida said the group should have taken their case first before the regional trial courts and the Court of Appeals instead of going straight to the SC.
“In view of this procedural infirmity, the instant petition should be dismissed,” Calida said.
Calida added that if the salary increase will be implemented, “it will create a great deal of disparity and inequity in the whole government structure, position, classification and compensation system.”
Associate Justice Ramon Paul Hernando also noted that if a provision of RA 9173 will be implemented increasing the salaries of nurses, it will create a disparity especially to government doctors who are receiving a salary grade of 14.
“If we were to implement that, that would be inequitable to our doctors who are just as hard working,” Justice Hernando said.
But Ang Nars counsel, Atty. Sharon Faith S. Paquiz said it would not be a problem.
“What would be equitable is for the DBM and CSC (Civil Service Commission) to reclassify the position of other health workers such as doctors and not pull them down. The law has already set the standards,” she said.
Associate Justice Jose Reyes Jr., however, suggested to the party-list group to explore other avenues instead.
“[Instead of] pursuing the case here, resort to appeals to the Office of the President,” Reyes Jr. said.
“Why not pass a manifesto and submit it to the President. I am sure the President now can issue an executive order,” he added.
Paquiz said they have already done it but the Office of the President has not acted on their request.
The high court wraps up the oral argument and gave the parties 20 days to submit their memoranda.
Ang Nars Party-list went to the Supreme Court in 2015 asking that it compel the government to enforce a provision under Republic Act 9173, also known as the Philippine Nursing Act of 2002 that put the minimum base pay of nurses in the government health institution shall not be lower than salary grade 15.
Salary Grade 15 for civilian personnel of the national government and in first class provinces and cities is equivalent to P29,010. / gsg