March 11, 2014 To: Atty Mark C Tolentino Provincial Administrator Province of Cebu Capitol, Cebu City Re: Hazard Pay Claim Dear Atty Tolentino, This is a rejoinder to your letter I received yesterday, March 10, 2014, a comment and recommendation endorsed to you from the Provincial Legal Office which states that, It is the humble opinion of this Office that Dr. Melvin G Mabalay could not demand a benefit better that those who are originally and permanently assigned in the CPDRC. His salary is deemed to include all the benefits due his position. I have talked with Atty Rose C Arnado of the Provincial Legal Office who penned the above comment and seconded by Asst Cebu Provincial Legal Officer, Marino E. Martinquilla, the former saying she has no knowledge of the DILG Memorandum Circular No. 2006-57 dated June 6, 2006 which shows the Department of Budget Management Local Circular No. 1, dated May 15, 2002, stressing on the need of the concerned local government units to appropriate for the mandatory benefits under RA 7305 of Public Health Workers. That said DILG memorandum circular even warned the concerned elective government officials that their continued disregard in the full implementation of the provision of RA 7305 might subject them to administrative disciplinary actions for dereliction of duty under Sec. 60(c), RA 7160 and probable criminal liability under RA 3019 Anti Graft and Corrupt Practices Act. Certainly, the concerned officials can not feign ignorance to the said DILG memorandum circular since the same is addressed to all Provincial Governors. Herewith is attached photocopies of the DILG Memorandum Circular No.2006-57 dated June 6, 2006 and this letter from Assistant Provincial Budget Officer, Mr Danilo K. Rodas which says, With the information that under RA 7305 ( Magna Carta of Pubic Health Workers ) as implemented under DBM-DOH Joint Circular No 1, S 2012, public health workers maybe granted hazard pay subject to the conditions as cited thereto. However, the same has not yet been granted by the Province of Cebu for reasons which the undersigned has no idea. In short, why should I not be given my hazard pay after the Garcia Administration reassigned me to CPDRC, a prison facility on May 9, 2006 to January 28, 2012? When in fact, others were given. According to Mr Rodas, So far, Hazard Pay is only granted to Civil Security Unit and Provincial Guard personnel as authorized under SP Resolution No. 64-1991 in his letter dated December 10, 2013. Very truly yours, Dr Melvin G Mabalay Medical Officer III Minglanilla District Hospital Minglanilla, Cebu Cc: Hon Pelagio S. Apostol Deputy Ombudsman ( Visayas ) c/o Carla Juris Narvios-Tanco Acting Director, PACPO
Posted on: Tue, 11 Mar 2014 00:55:20 +0000
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