The House minority leader is seeking an investigation into the long-delayed implementation of Philippine Nursing Act or RA 9173, which provides for the salary grade hike of nurses, two decades the measure was enacted into law.
In a privilege speech late Monday, Minority Leader Joseph Stephen Paduano of Abang Lingkod said he will be filing a resolution to dissect the Department of Budget and Management Budget Circular 2020-4 and to determine whether additional legislation is necessary to fully implement and comply with the pay grade increase of nurses.
In July 2020, the DBM issued Budget Circular 2020-4 for the implementation of Section 32 of RA 9173, which sets the minimum monthly base pay of nurses in public hospitals to Salary Grade 15 amounting to P32,053 to P34,801.
“Let me lay down for you, Mr. Speaker, esteemed colleagues, the chronology of this two-decade-old law that has not been fully implemented. It was in 2002 when the Philippine Nursing Act or RA 9173 was enacted. Section 32 of the said law provides that the minimum base pay of nurses working in public health institutions shall not be lower than salary grade 15,” Paduano recalled.
In October 2019, the Supreme Court upheld the validity of RA 9173 in favor of Ang Nars party-list challenging the validity of the congressional resolution and President Gloria Macapagal Arroyo’s Executive Order 811, which reduced the legislated minimum pay from SG 15 to SG 11.
On the other hand, Paduano said Section 32 of RA 9173 provides that in order to enhance the general welfare, commitment to service and professionalism of nurses, the minimum base pay of nurses working in public health institutions shall not be lower than salary grade 15 prescribed under Republic Act 6758, otherwise known as the “Compensation and Classification Act of 1989.”
“Aggrieved, the Ang Nars Party-list filed a petition in the Supreme Court questioning the legality of EO 811 in 2015. Eventually, the High Court ruled in favor of the petitioners and ordered the government to implement Section 32 of RA 9173,” he said.
Pursuant to this decision and upon reaching the stage of finality, Paduano said, DBM issued the aforementioned circular to comply with the ruling.
“However, after finding absurdity in the circular, the Department of Health suspended its implementation through Department Memorandum 2020-0466 dated October 21, 2020,” he said.
“If followed through, the circular reclassifies a Nurse 2 to a Nurse 1, making it appear that they have been demoted one rank lower. The same is true with Nurses 3, 4, 5 and 6,” he added.
Unlike members of the Philippine National Police whose salary increase did not affect their positions, Paduano said the nurses cried foul as they claimed otherwise.
“Pressured by numerous petitions, Health Secretary Francisco Duque III issued the suspension order but this did not cover hospitals and other health facilities run by local government units which were compelled to comply with the circular. Duque, in his memo, even admitted that the circular has created massive confusion among government nurses,” he said.
“This representation has received several complaints and appeals from various groups and individuals seeking clarification on what they claimed as demotion and diminution of positions as prescribed in the DBM circular,” Paduano added.
In a letter to Paduano, a group of nurses in Negros Occidental had appealed that the reclassification be held in abeyance.
The group appealed that a Nurse 2 will be receiving the same salary with a Nurse 1, who is her staff, yet they are tasked to perform different levels of duties and responsibilities. A Nurse 7, which is a Chief Nurse position, will revert back to a Nurse 6 position.
Also, it said promotions are not achieved overnight, saying “once demoted, it will be difficult for them to be promoted back to their present positions.”
According to the group of nurses, retiring nurses will suffer the most negative impact of the circular due to demotion.
“If DOH had suspended its implementation due to absurdity, why not maintain a status quo while it is being studied further,” it added.
Moreover, Paduano said nurses are the country’s frontliners who have been hailed as modern-day heroes and they deserved pay hike without distorting their positions.
“As they say, our nurses are the heart of health care and they dispense comfort, compassion and care without a prescription. Let justice be done to our registered nurses,” he said.