MANILA – The Office of Solicitor General (OSG) opposed the petition that seeks to implement an increase in the salary grade of government nurses before the Supreme Court.
During SC’s oral argument, Solicitor General Jose Calida said there was no legal basis to increase the salary grade for government nurses as it would result in “wage distortion” among state workers.
In a petition filed in 2015, Ang Nars party-list said government nurses should be raised to Salary Grade 15, where they could earn as much as P31,000 monthly, based on section 32 of Republic Act 9173, or the Philippine Nursing Act of 2002.
The Salary Grade of the government nurses was reassigned to No. 11 following an Executive Order (EO) issued by then president Gloria Macapagal Arroyo before the end of her term in 2009.
Calida added that Leah Primitiva Samaco-Paquiz, then Ang Nars representative who filed the petition, has no personal interest in the case as she was no longer an incumbent member of Congress, nor was she currently employed as a state nurse.
The Solicitor General likewise argued that the joint resolution, which served as basis for Arroyo’s EO, was a law as it underwent the same process a bill had to undergo to be enacted into law.
Calida also said if the government implemented section 32 of RA 9173, it would result in “wage distortion” among public workers among the salary grade of entry level medical officers pegged at salary grade 14; and a pharmacist, optometrist, medical technician, and occupation therapist at salary grade 11.
“All of these allied medical professionals work under essentially the same conditions but would become differently situated in terms of salary if Section 32 of RA 9173 would be enforced,” Calida said.
“The government recognizes the ever critical role of nurses in providing quality and accessible healthcare. However, the legislative intent to allow the executive branch to modify the framework of the compensation of civil servants to reduce inequity between government positions is clear and unequivocal,” he added.
Paquiz, however, argued that government could raise the salary grade of all workers to ensure wages remained equitable – should the compensation for nurses also be raised. This, she said, was better than having state nurses’ pay “pulled down.”
Chief Justice Lucas Bersamin directed the parties to submit their memoranda within 20 days or until March 18, 2019./PN
