EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated 27 AUG 2002.

A.M. No. 02-2-06-SC (Re: Pilot Regional Office of OCA.)

In a memorandum dated February 1, 2002, Court Administrator Presbitero J. Velasco Jr. sought the authority of this Court to organize pilot regional offices of the Office of the Court Administrator (OCA) in Cagayan de Oro City and Legazpi City. He informed the Court that office spaces are already available at the Halls of Justice of the two cities, and that draft rules and guidelines for the operation of the regional offices are being prepared. In a resolution dated February 12, 2002, we directed the following to comment on CA Velasco’s request: (1) Atty. Eden T. Candelaria, Chief, Office of Administrative Services, (2) Ms. Corazon M. Ordoñez, Chief, Fiscal Management and Budget Office, and (3) Chief Attorney Edna E. Diño.

In her comment, Atty. Candelaria observed that CA Velasco did not include in his memorandum the reason for the plan to regionalize the OCA. Neither did he specify the functions to be delegated and the personnel needed for the purpose. Atty. Candelaria also noted the absence of rules and policies that will govern the operations of the proposed regional offices. She reserved further comment on the matter pending the formulation of the pertinent rules and policies. .

For her part, Ms. Ordoñez raised the question of the sustainability of the OCA regional offices. She stated that the project would require additional expenses to be funded by the meager budget the Court receives. She stressed that budget increases are allowed only for mandatory salary increases and adjustments. While new positions may be created, no additional funds would be provided therefor by the Department of Budget and Management. Additional funds would also be needed for overhead and utilities expenses.

On the other hand, Atty. Diño emphasized that creation of new offices depends upon the approval of the Court, following the recommendation of the OCA. For the Court to arrive at a judicious decision on the matter, Atty. Diño recommended that the OCA submit a feasibility study that may include the following: (1) necessity for establishing regional offices; (2) reason for choosing Cagayan de Oro City and Legazpi City as pilot stations; (3) proposed staffing pattern; and (4) estimated budget.

In a memorandum dated February 4, 2002, CA Velasco reiterated the proposal to devolve the functions of the OCA in order to closely monitor the activities of lower courts. In a separate memorandum dated April 2, 2002, CA Velasco noted that in the PHRD Grant for the Judicial Reform Support Project, decentralization was identified as a mechanism to strengthen management of the judiciary. The establishment of OCA regional offices is in support of this judicial reform activity.

According to CA Velasco, the plan involves the setting up of an OCA regional office at Region X, with station at Cagayan de Oro City. In this regard, CA Velasco requested authority to fill up positions in different OCA offices with applicants willing to be posted at the pilot regional office. He also requested that notices for the vacant positions be allowed to be posted at Cagayan de Oro City, among other areas, to avoid dislocation of qualified applicants. Selection will be through the Supreme Court Selection and Promotion Board (SCSPB), according to CA Velasco, since the vacant positions are under the OCA staffing pattern.

In another memorandum,[1] CA Velasco explained that the establishment of the pilot office in Cagayan de Oro city is meant to test the viability of the proposal to create OCA regional offices. Personnel for said offices will be appointed using “borrowed vacant items” from the OCA central office. CA Velasco requested deferment of the filling up of five (out of 10) judicial staff head (judicial supervisor) positions and five (out of 10) management and audit analyst IV positions that have already been partly deliberated upon by the SCSPB, to give way to the setting up of the OCA regional office. The purpose is to utilize said items for five pilot regional offices. CA Velasco anticipates that problems might arise if all the positions are filled up and the appointees do not agree to be posted in the regional offices. He stated that indeed there may be a repetition of the selection process, thus the need to take into consideration the pros and cons of each move.[2]

Initially, CA Velasco identified the following positions necessary to set up the OCA pilot regional office:

One judicial supervisor

One court attorney IV

One management and audit analyst IV

One administrative officer III

One court legal researcher III

One supply officer III

One accounting clerk III

One fiscal clerk III

One. clerk III

One utility worker I

This was later revised to include:

One judicial supervisor

One court attorney IV

One management and audit analyst V

One management and audit analyst II

One court legal researcher III

One human resource management officer III

One human resource management officer II

One court stenographer II

One clerk IV

One clerk III

One accounting clerk II

One driver I

One utility worker II

CA Velasco explained that the staff of the regional office will be divided into two teams. The lawyers and legal researchers will undertake the judicial audit while the management audit and fiscal clerks will conduct the fiscal audit.

CA Velasco requested for an exemption for OCA as regards the policy of filling up positions on a per position, instead of per office, basis. He reasoned that the OCA proposal to set up regional offices has a specific timeframe and to wait for positions to be filled up on a per position basis would cause delay in the offices’ operations and evaluation of administrative complaints. Moreover, there are times when there is a need to fill up different positions at the same time.

On March 15, 2002, CA Velasco submitted a draft of the guidelines for the establishment of OCA regional offices. The guidelines contain the general and specific functions of the regional offices, the proposed site of the official stations, and the list of personnel needed to run the offices.

Asked to comment on this matter, Atty. Candelaria reiterated that first, vacancies should be filled up on a per position and not on a per office basis. Thus, should the SCSPB deliberate on the clerk III position, all clerk III positions in all offices will be discussed at the same time. According to her, this is in line with the provision in the Supreme Court Merit Selection and Promotion Plan (SCMSPP) requiring that all qualified next-in-rank be considered in filling up a particular position.[3] This will facilitate preparation of a “matrix” of applicants and maximize the time of the SPB, which deliberates only once a month. It would also expedite the hiring of personnel and reduce the need to employ people on a casual or contractual basis.

Second, Atty. Candelaria expressed disagreement with the request for deferment of the hiring of personnel for the judicial staff head and management and audit analyst IV positions. She stated that filling up the positions will not in any way affect the creation of the pilot regional office. Further, Atty. Candelaria declared that much time had already been spent deliberating on these positions, including giving the applicants examinations, subjecting them to interviews, and evaluating their qualifications. A deferment would entail unnecessary repetition of the selection process. Moreover, Atty. Candelaria stated that applicants for the two positions have expressed willingness to accept special assignments and be posted in the provinces.

As regards the proposal to post the vacancies in Cagayan de Oro City, Atty. Candelaria opined that this would redound to the benefit of applicants in the area. However, it may defeat the purpose of judicial and financial audit considering the familiarity of the OCA regional personnel with the subjects of the audit who will be their provincemates. Branch clerks of court and cash clerks from the regions will be eligible to apply for positions in the OCA regional offices, which may defeat the purpose of a judicial and -financial audit by an independent body. Further, applicants will have to travel all the way: to Manila for examinations and interviews, without any guarantee that they will be hired.

To these observations, CA Velasco replied that the deputy court administrator assigned to the regions can conduct interviews in the regions and report on the results thereof to the SCSPB. As regards the branch clerks of court and the cash clerks, he stated that they should not be discriminated against, particularly considering that they would be accountable to the Court, once hired, for any bias and partiality.

Commenting on the proposed guidelines for the establishment and maintenance of the OCA regional offices, Atty. Candelaria observed that there will be overlapping of functions between those in the OCA regional -offices and those in the other offices of OCA, such as office of administrative services and court management office. She declared that executive judges and clerks of court already perform some of the functions outlined. She also opined that creating and maintaining OCA regional offices will entail greater expenses when compared to the current practice of sending audit teams to the regions. She averred that monitoring lower courts may be taken care of with the proper enforcement of the Court’s administrative circulars and the appointment of judicial supervisors and management and audit analysts.

Indeed, decentralization is one of the fundamental principles underlying the Action Program for Judicial Reform.[4] One major challenge for judicial reform is the pursuit of judicial independence in an administrative environment that is traditionally centralized.[5] In this regard, the plan of the OCA to decentralize and move some of its operations to the regions may be seen as part of a larger reform effort. The reasons cited by Court Administrator Presbitero J. Velasco Jr. for the establishment of OCA regional offices, to decentralize operations and to closely monitor the activities of lower courts, are laudable. However, we note that there is lack of sufficient information, as observed by Chief Atty. Edna E. Diño, with which this Court may make an informed resolution of the necessity and desirability of organizing and maintaining OCA regional offices. For instance, what is the specific budgetary need of the project? Is it financially sustainable? What are the key performance targets of the pilot regional Offices and how would their performance be measured and monitored? How long would pilot-testing be done? We agree with Atty. Diño that a comprehensive feasibility study detailing all the necessary information is required before we can make a determination of whether or not OCA regional offices may be established.

WHEREFORE, the Office of the Court Administrator is DIRECTED to conduct a comprehensive feasibility study concerning the establishment of OCA regional offices, including but not limited to personnel and budgetary requirements and performance targets, and to submit to this Court the results thereof within 90 days from notice.

Sandoval-Gutierrez, J., is on leave.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

[2] In a memorandum dated April 2, 2002, Court Administrator Presbitero J. Velasco Jr. stated that his request for deferment has been rendered moot and academic by appointments to the judicial staff head and management and audit analyst positions.

[3] Supreme Court Merit Selection and Promotion Plan, provisions IV.7, V.2.

[4] Action Program for Judicial Reform 2001-2006 (August 2001), p. II.