SC: Gov’t nurses must get higher basic salary

October 09, 2019

CNN Philippines— Government nurses secured a victory from the Supreme Court, which ruled on Tuesday that they are entitled to a higher basic pay.

In a statement, the high court said nurses working for public hospitals and health offices must be paid with the monthly rate for Salary Grade (SG) 15, four ranks higher than their current SG 11 category.

The SC en banc sided with the Ang Nars Party List, which sought clarification in 2015 regarding two conflicting provisions setting the minimum pay for nurses.

Then party-list Representative Leah Samaco-Paquiz initially wrote to the Department of Health, the Department of Justice, and the Department of Budget and Management to sort out the situation, but decided to run to the SC with a petition for certiorari when the matter was not resolved. Questioned before the court are provisions of the Philippine Nursing Act of 2002 and of Executive Order (EO) 811 issued by former President Gloria Macapagal-Arroyo in 2009.

Under Section 32 of Republic Act 9173 or the Nursing Act — which was also signed into law by Arroyo — the minimum basic pay of state-employed nurses “shall not be lower than salary grade 15.” However, the President’s EO issued seven years later pegged the basic pay of a Nurse I to SG 11. The case went through oral arguments in February.

Based on the latest tranche of salary increases that took effect this year, a Nurse I receives just 20,754 to a maximum of 22,829 in a month under SG 11. The SC ruling will bring their basic pay to at least 30,531, and eligible for increases up to 33,279.

“In ruling in favor of the petitioners, the court ruled that Joint Resolution No. 4, being a mere resolution, cannot amend or repeal a prior law such as RA 9173 or the Philippine Nursing Act. The same applies to EO 811 which is also not a law, but an executive directive,” the SC Public Information Office said.

Even though the high court said that government-employed nurses are eligible for the higher pay, it stopped short of ordering agencies to pay the difference.

The high cout said it cannot grant Ang Nars’ request to compel the implementation of higher salaries, as it would “necessarily require a law passed by Congress providing the necessary funds for it.”