Court favors release of 3-year employee benefits in Antique

By Annabel Consuelo Petinglay

November 5, 2019, 7:22 pm

<p><strong>SALARY DIFFERENTIAL.</strong> Capitol employees queue up in front of the provincial treasurer’s office to claim their benefits. The Regional Trial Court Branch 12, in a decision penned last August, compelled the provincial government to pay the salary differential of the employees from 2010 to 2012. <em>(PNA photo by Annabel Consuelo J. Petinglay)</em></p>

SALARY DIFFERENTIAL. Capitol employees queue up in front of the provincial treasurer’s office to claim their benefits. The Regional Trial Court Branch 12, in a decision penned last August, compelled the provincial government to pay the salary differential of the employees from 2010 to 2012. (PNA photo by Annabel Consuelo J. Petinglay)

SAN JOSE DE BUENAVISTA, Antique -- The release of the three-year salary differentials and other benefits of the 1,089 employee-members of the United Provincial Government Employees of Antique (UPGEA) is ongoing.

The release of benefits complied with the Aug. 14, 2019 order of Judge Francisco S. Guzman of the Regional Trial Court (RTC) Branch 12 based in Antique, favoring the petition filed under Special Civil Action No. 2019-05-117 of the employees, Ma. Lourdes Fortaleza, UPGEA president, said in an interview Monday.

The petition seeks to compel the present administration of Governor Rhodora Cadiao to appropriate funds for the salary differential and other benefits of employees.

The salary differential and benefits represented the salary increase, 13th month pay, and Government Service Insurance System (GSIS) mandatory contributions covering 2010, 2011, and 2012 the employees were unable to receive. “Justice has been served to the employees finally,” Fortaleza said.

She recalled that the former Antique governor Exequiel B. Javier, through a memorandum, informed capitol employees that the provincial government could not extend the benefits to regular employees due to personnel services limitations.

Javier cited the Commission on Audit (COA) Annual Report for 2004 to 2009 where the provincial government failed to comply with the 45-percent limitation on personal services under Section 325 of Republic Act 7160. Javier served as mayor from July 2010 until June 30, 2012.

“The employees were able to receive their salary differential from January to June 2010 still under the term of Governor (Salvacion) Perez but no longer under the term of Javier," she said.

However, Fortaleza and 136 other employees filed a petition in August 2010 before RTC Branch 11 and won. Javier appealed before the Court of Appeals (CA).

The employees received their victory when in 2016, the CA sustained the decision of RTC Branch 11 and granted the 137 employees their benefits.

This caused the remaining 1,089 employees to file a similar petition before the RTC Branch 12 last April 29, which received a favorable action.

Acting Governor Alfie Jay Niquia, in an interview Monday, said he already signed the Supplemental Budget amounting to about PHP27.287 million for the three-year benefits.

“The differentials were released just before the November 1 observance of All Saints' Day so employees would have something to spend for their long weekend,” Niquia said.  Cadiao was in Manila for an official business. (PNA)


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