CARPIO,

EN BANC AUSTRIA-MARTINEZ,

CORONA,

RE: ENTITLEMENT TO HAZARD PAY A.M. No. 03-9-02-SC

CARPIO MORALES,

OF SC MEDICAL AND DENTAL

AZCUNA,

CLINIC PERSONNEL,

TINGA,

Present:

CHICO-NAZARIO,

PUNO, C.J., VELASCO, JR.,

QUISUMBING, NACHURA,

YNARES-SANTIAGO, REYES,
LEONARDO DE CASTRO, and R E S O L U T I ON

BRION, JJ.

TINGA, J.:

Promulgated:

This administrative matter pertains to the latest of the spate of

requests of some of the members of the Supreme Court
Medical and Dental Services (SCMDS) Division in relation to the
November 27, 2008 grant of hazard allowance.

x------------------------------------------------------------------- In the Courts Resolution[1] of 9 September 2003, the SCMDS

-------- x personnel were declared entitled to hazard pay according to the
provisions of Republic Act (R.A.) No. 7305,[2] otherwise known
as The Magna Carta of Public Health Workers. The resolution
paved the way for the issuance of Administrative Circular No.
57-2004[3] which prescribed the guidelines for the grant of
hazard allowance in favor of the SCMDS personnel. Now,
eleven members of the same office: namely, Ramon S.
Armedilla, Celeste P. Vista, Consuelo M. Bernal, Remedios L.
Patricio, Madonna Catherine G. Dimaisip, Elmer A. Ruez,
Marybeth V. Jurado, Mary Ann D. Barrientos, Angel S. Ambata, nature of the risks and hazards to which they are exposed.[6]
Nora T. Juat and Geslaine C. Juanquestion the wisdom behind The dual 25% and 5% hazard allowance rates for all the
the allocation of hazard pay to the SCMDS personnel at large in members of the SCMDS personnel were retained.
the manner provided in the said circular.

In their Letter[7] dated 21 January 2005 addressed to then

Administrative Circular No. 57-2004 (the subject Circular) Chief Justice Hilario Davide, Jr., eleven of the SCMDS personnel
initially classified SCMDS employees according to the level of concernedwho claim to be doctors with salary grades higher
exposure to health hazards, as follows: (a) physicians, dentists, than 19[8] and who allegedly render front-line and hands-on
nurses, medical technologists, nursing and dental aides, and services but receive less hazard allowance allocations than do
physical therapists who render direct, actual and frequent those personnel who do not directly deliver patient
medical services in the form of consultation, examination, carelamented that the classification and the rates of hazard
treatment and ancillary care, were said to be subject to allowance implemented by the subject Circular seemed to favor
high-risk exposure; and (b) psychologists, pharmacists, only those belonging to Salary Grade 19 and below, contrary to
optometrists, clerks, data encoders, utility workers, ambulance the very purpose of the grant which is to compensate health
drivers, and administrative and technical support personnel, to workers according to the degree of exposure to hazards
low-risk exposure.[4] Accordingly, employees exposed to regardless of rank or status. They believe that the grant must
high-risk hazards belonging to Salary Grade 19 and below, and be based
those belonging to Salary Grade 20 and above, were
respectively given 27% and 7% of their basic monthly salaries
as hazard allowances; whereas employees open to low-risk
hazards belonging to Salary Grade 20 and above, and Salary
Grade 19 and below, were respectively given 5% and 25% of
their basic monthly salaries as hazard allowances.[5] This
classification, however, was abolished when the Department of
Health (DOH)after reviewing the corresponding job not on the salary grade but rather on the degree of hazard to
descriptions of the members of the SCMDS personnel and the which they are actually exposed; thus, they asked for a
nature of their exposure to hazardsdirected that they should all reexamination of the subject Circular.[9]
be entitled to a uniform hazard pay rate without regard for the
 employees are exposed to high or low-risk hazard, as found in
the Circular, be abolished and instead replaced by the fixed
rates provided in A.O. No. 2006-0011; and that (b) the
payment of the adjusted hazard allowance be charged against
the regular savings of the Court.[17]
However, even before the request could be acted upon by the
Court, Secretary Francisco Duque III issued Administrative
Order (A.O.) No. 2006-0011[10] on 16 May 2006. The
administrative order prescribes amended guidelines in the
payment of hazard pay applicable to all public health workers
regardless of the nature of their appointment. It essentially
In its Resolution[18] dated 22 January 2008, the Court referred
establishes a 25% hazard pay rate for health workers with
Atty. Candelarias memorandum to the Fiscal Management and
salary grade 19 and below but fixed the hazard allowance of
Budget Office (FMBO) and to the Office of the Chief Attorney
those occupying positions belonging to Salary Grade 20 and
(OCAT) for comment.
above to P4,989.75 without further increases.[11] In view of
this development, some of the SCMDS personnel
concerned,[12] in another Letter dated 19 December 2007 and
addressed to Chief Justice Reynato S. Puno, suggesting that
the subject Circular be amended to conform to A.O. No.
2006-0011, and that they accordingly be paid hazard pay
differentials accruing by virtue thereof.[13] The OCAT posits that the subject Circular may not be amended
in accordance with A.O. No. 2006-0011 and in the manner the
personnel concerned desire because, first, the mechanics of
SCMDS Senior Chief Staff Officer Dr. Prudencio Banzon, Jr. payment established by the administrative order is of doubtful
indorsed the letter to Deputy Clerk of Court and Chief validity; and second, the said administrative order has not
Administrative Officer Atty. Eden Candelaria (Atty. been duly published and hence not binding on the Court.[19] It
Candelaria).[14] On 15 January 2008, Atty. Candelaria issued also points out that the administrative order does not conform
a Memorandum[15] finding merit in the request to amend the to Section 21 of R.A. No. 7305 in which the rates of hazard pay
subject Circular because A.O. No. 2006-0011 suggests more are clearly based on salary grade.[20]
equitable guidelines on the allocation of hazard allowances
among health workers in the government.[16] Accordingly,
she recommended that: (a) the classification as to whether
The FMBO advances a contrary position. It maintains that the prison camps, mental hospitals, radiation-exposed clinics,
subject Circular may be amended according to the terms of A.O. laboratories or disease-infested areas or in areas declared
No. 2006-0011 inasmuch as the latter could put to rest the under state of calamity or emergency for the duration thereof
objection of the personnel concerned to the allegedly which expose them to great danger, contagion, radiation,
unreasonable and unfair allocation of hazard pay. Additionally, volcanic activity/eruption, occupational risks or perils to life as
it recommends that once the amendment is made, the hazard determined by the Secretary of Health or the Head of the unit
allowances due the SCMDS personnel be charged against the with the approval of the Secretary of Health, shall be
savings from the regular appropriations of the Court.[21] compensated hazard allowances equivalent to at least
twenty-five percent (25%) of the monthly basic salary of health
workers receiving salary grade 19 and below, and five percent
(5%) for health workers with salary grade 20 and above.

This Court has to deny the request because the subject Circular The implementing rules of R.A. No. 7305 likewise stipulate the
cannot be amended according to the mechanism of hazard pay same rates of hazard pay. Rule 7.1.5 thereof states:
allocation under AO No. 2006-0011 without denigrating
established administrative law principles.

7.1.5 Rates of Hazard Pay

Essentially, hazard pay is the premium granted by law to health
workers who, by the nature of their work, are constantly
exposed to various risks to health and safety.[22] Section 21 of
a. Public health workers shall be compensated hazard
R.A. No. 7305 provides:
allowances equivalent to at least twenty-five percent (25%) of
the monthly basic salary of health workers receiving salary
grade 19 and below, and five percent (5%) for health workers
SEC. 21. Hazard Allowance.Public health workers in hospitals,
with salary grade 20 and above. This may be granted on a
sanitaria, rural health units, main health centers, health monthly, quarterly or annual basis. x x x
infirmaries, barangay health stations, clinics and other
health-related establishments located in difficult areas,
strife-torn or embattled areas, distressed or isolated stations,
In a language too plain to be mistaken, R.A. No. 7305 and its
implementing rules mandate that the allocation and
Fundamental is the precept in administrative law that the
distribution of hazard allowances to public health workers
rule-making power delegated to an administrative agency is
within each of the two salary grade brackets at the respective
limited and defined by the statute conferring the power. For
rates of 25% and 5% be based on the salary grade to which the
this reason, valid objections to the exercise of this power lie
covered employees belong. These same rates have in fact been
where it conflicts with the authority granted by the
incorporated into the subject Circular to apply to all SCMDS
legislature.[24]
personnel. The computation of the hazard allowance due
should, in turn, be based on the corresponding basic salary
attached to the position of the employee concerned.

A mere fleeting glance at A.O. No. 2006-0011 readily reveals

To be sure, the law and the implementing rules obviously that the DOH, in issuing the said administrative order, has
prescribe the minimum rates of hazard pay due all health exceeded its limited power of implementing the provisions of
workers in the government, as in fact this is evident in the R.A. No. 7305. It undoubtedly sought to modify the rates of
self-explanatory phrase at least used in both the law and the hazard pay and the mechanism for its allocation under both the
rules. No compelling argument may thus be offered against the law and the implementing rules by prescribing a uniform ratelet
competence of the DOH to prescribe, by rules or orders, higher alone a fixed and exact amountof hazard allowance for
rates of hazard allowance, provided that the same fall within government health workers occupying positions with salary
the limits of the law. As the lead agency in the implementation grade 20 and above. The effect of this measure can hardly be
of the provisions of R.A. No. 7305, it has in fact been invested downplayed especially in view of the unmistakable import of
with such power by Section 35.[23] Be that as it may, the the law to establish a scalar allocation of hazard allowances
question that arises is whether that power is broad enough to among public health workers within each of the two salary
vest the DOH with authority to fix an exact amount of hazard grade brackets.
pay accruing to public health workers with Salary Grade 20 and
above, deviating from the 5% monthly salary benchmark
prescribed by both the law and its implementing rules.

Section 19[25] of R.A. No. 7305 recognizes, for its own

purposes, the applicability of the provisions of R.A. No.
6758[26] (The Salary Standardization Act of 1989) in the
The DOH possesses no such power. determination of the salary scale of all covered public health
workers. Telling is this reference to the scalar schedule of within the bracket of Salary Grade 20 and above. Without
salaries when viewed in light of the fact that factoring in the unnecessarily belaboring this point, the Court finds that the
salaries of individual employees and the applicable uniform administrative order violates the established principle that
rate of hazard allowance would yield different results which, administrative issuances cannot amend an act of Congress.[27]
when charted against each other, would also bear the scalar It is void on its face, but only insofar as it prescribes a
schedule intended by the law. predetermined exact amount in cash of the hazard allowance
for public health workers with Salary Grade 20 and above.

Indeed, when an administrative agency enters into the exercise

The object, in other words, of both the law and its
of the specific power of implementing a statute, it is bound by
implementing rules in providing a uniform rate for each of the
what is provided for in the same legislative enactment[28]
two groups of public health workers is to establish a scalar
inasmuch as its rule-making power is a delegated legislative
allocation of the cash equivalents of the hazard allowance
power which may not be used either to abridge the authority
within each of the two groups. A scalar schedule of hazard pay
given by the Congress or the Constitution or to enlarge the
allocation within the Salary Grade 20 and higher bracket can
power beyond the scope intended.[29] The power may not be
indeed be achieved only by multiplying the basic monthly
validly extended by implication beyond what may be necessary
salary of the covered employees by a constant factor that is
for its just and reasonable execution.[30] In other words, the
25% as the fixed legal rate. Even without an express reference
function of promulgating rules and regulations may be
to the scalar schedule of salaries under R.A. No. 6758, it can
legitimately exercised only for the purpose of carrying out the
nevertheless be inferred that R.A. No. 7305, by mandating a
provisions of a law, inasmuch as the power is confined to
fixed rate of hazard allowance for each of the two groups of
implementing the law or putting it into effect.[31] Therefore,
health workers, intends to achieve the same effect.
such rules and regulations must not be inconsistent with the
provisions of existing laws, particularly the statute being
administered and implemented by the agency concerned,[32]
that is to say, the statute to which the issuance relates.
Constitutional and statutory provisions control with respect to
Hence, it can only be surmised that the issuance of AO No.
what rules and regulations may be promulgated by such a body,
2006-0011 is an attempt to amend the rates of hazard
as well as with respect to what fields are subject to regulation
allowance and the mechanism for its allocation as provided for
by it.[33]
in R.A. No. 7305 and the implementing rules because it has the
effect of obliterating the intended discrepancy in the cash
equivalents of the hazard allowance for employees falling
 These duties, primarily of a housekeeping nature, relate only
distantly to the citizenry. Many regulations, however, bear
It must be stressed that the DOH issued the rules and
directly on the public. It is here that administrative legislation
regulations implementing the provisions of R.A. 7305 pursuant
must be restricted in its scope and application. Regulations
to the authority expressly delegated by Congress. Hence, the
are not supposed to be a substitute for the general
DOH, as the delegate administrative agency, cannot
policymaking that Congress enacts in the form of a public law.
contravene the law from which its rule-making authority has
Although administrative regulations are entitled to respect, the
emanated. As the clich goes, the spring cannot rise higher than
authority to prescribe rules and regulations is not an
its source.[34] In this regard, Fisher observes:
independent source of power to make laws. Agency
rulemaking must rest on authority granted directly or indirectly
by Congress.[35] (Emphasis supplied)

x x x The often conflicting and ambiguous passages within a law

must be interpreted by executive officials to construct the Moreover, although an administrative agency is authorized to
purpose and intent of Congress. As important as intent is the exercise its discretion in the exercise of its power of
extent to which a law is carried out. President Taft once subordinate legislation, nevertheless, no similar authority
remarked, Let anyone make the laws of the country, if I can exists to validate an arbitrary or capricious enactment of rules
construe them. and regulations.[36] Rules which have the effect of extending
or conflicting with the authority-granting statute do not
represent a valid exercise of rule-making power but constitute
an attempt by the agency to legislate.[37] In such a situation,
To carry out the laws, administrators issue rules and
it is said that the issuance becomes void not only for being ultra
regulations of their own. The courts long ago appreciated this
vires but also for being unreasonable.[38] The law therefore
need. Rules and regulations must be received as the acts of
prevails over the administrative issuance.[39]
the executive, and as such, be binding upon all within the
sphere of his legal and constitutional authority. Current law
authorizes the head of an executive department or military
department to prescribe regulations for the government of his
department, the conduct of its employees, the distribution and
performance of its business, and the custody, use, and
preservation of its records, papers, and property. The Court takes notice of the fact that the enactment of R.A. No.
7305 has touched off, within the public health service sector, a
surge of negative sentiments regarding the alleged
inequitableness and unfairness of the lawparticularly the In light of the foregoing, there appears to be no more necessity
provisions thereof relating to the allocation of hazard to discuss the issue of the non-publication of A.O. No.
allowances. Certainly, the DOH can be reasonably expected to 2006-0011.
respond to the well-meaning clamor of the public health
workers; but while indeed the DOH is entitled to a certain
amount of hegemony over the statutes which it is tasked to
administer, it nevertheless may not go far beyond the letter of
the law even if it does perceive that it is acting in the
furtherance of the spirit of the law.[40]
WHEREFORE, the request of the Supreme Court Medical and
Dental Services Division to amend Administrative Circular (A.C.)
No. 57-2004 according to the provisions of Department of
Health Administrative Order No. 2006-0011 is DENIED. The
Court DIRECTS that the payment of hazard allowance in favor
of the personnel concerned be made in accordance with A.C. No.
A final note. Just as the power of the DOH to issue rules and 57-2004.
regulations is confined to the clear letter of the law, the Courts
hands are likewise tied to interpreting and applying the law. In
other words, the Court cannot infuse vitality, let alone a
semblance of validity, to an issuance which on its face is
inconsistent with the law and therefore void, by adopting its
terms and in effect implementing the samelest we otherwise
SO ORDERED.
validate an undue exercise by the DOH of its delegated and
limited power of implementation. Suffice it to say that
questions relative to the seeming unfairness and
inequitableness of the law are matters that lie well within the
legitimate powers of Congress and are well beyond the
competence of the Court to address.

DANTE O. TINGA
Associate Justice

WE CONCUR:

REYNATO S. PUNO

Chief Justice