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A.M. No. 06-3-07-SC - Request for the approval of the revised qualification standard for the chief of MISO

A.M. No. 06-3-07-SC - Request for the approval of the revised qualification standard for the chief of MISO

PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[A.M. NO. 06-3-07-SC : September 10, 2009]

RE: REQUEST FOR APPROVAL OF THE REVISED QUALIFICATION STANDARD FOR THE CHIEF OF MISO.

R E S O L U T I O N

NACHURA, J.:

For this Court's resolution is the request for revision of the Qualification Standards (QS) for the chiefs of the Management Information Systems Office (MISO) and the Program Management Office (PMO).

The following QS for the position of Chief, MISO, were approved by then Chief Justice Hilario G. Davide, Jr. on October 14, 1999:

Education: Bachelor of Laws

Experience: Ten (10) years or more of relevant supervisory work experience acquired under career service position in the Supreme Court, three (3) years of which [were] rendered under a position requiring the qualifications of a lawyer

Training: 32 hours of relevant training in management and supervision

Eligibility: RA 1080 [Bar]1

On March 14, 2006, the Court resolved to revise the said QS.2 It was further amended on June 20, 2006, to wit:

Education: Bachelor's Degree in Computer Science or any equally comparable degree, with post-graduate level (at least 18 units) in Computer Science or Information Technology

Experience: Seven (7) years of relevant experience on Information and Communication Technology

Training: At least 40 hours of relevant training

Eligibility: Civil Service Professional eligibility or equivalent IT eligibility3

On June 6, 2006, the Court issued a Resolution adopting the clarifications made by the Committee on Computerization and Library on the collatilla "Deputy Clerk of Court" and the judicial ranking attached to the position of Chief, MISO, as follows:

1. If the appointee for the Chief of MISO is a lawyer, he/she will be given the collatilla "Deputy Clerk of Court" and entitled to a judicial rank. He/She will be given the rank, salary and privileges of [an RTC] judge;

2. If the appointee for the Chief of MISO is not a lawyer, he/she will only be considered as a Chief of Office. He/She will not be given the collatilla "Deputy Clerk of Court" and will not be entitled to a judicial rank.4

In a letter5 to then Chief Justice Artemio V. Panganiban dated July 12, 2006, employees of the MISO pointed out that the revision of the QS under A.M. No. 06-3-07-SC had made the experience, training, and eligibility qualifications for Assistant Chief, MISO, higher than those for the Chief, MISO. Hence, they asked the Court to rectify the disparity.

On July 26, 2006, the Court approved the following amendments to the QS for the Assistant Chief of MISO:

Education: Bachelor's Degree in Computer Science or any equally comparable degree, with post-graduate level (at least 15 units) in Computer Science or Information Technology

Experience: 5 years of relevant experience [in] Information and Communication [Technology] (ICT)

Training: At least 32 hours of relevant training

Eligibility: Civil Service Professional Eligibility or equivalent IT Eligibility6

On March 5, 2008, Chief Justice Reynato S. Puno approved the recommendation of the OAS to restudy the QS for the positions of Chief, MISO and Judicial Reform Program Administrator (JRPA), PMO.

In its Memorandum7 to Chief Justice Puno dated July 10, 2008, the Office of Administrative Services (OAS) observed that the QS for the positions of Chief of MISO and JRPA of the PMO are not the same as those for the other chiefs of office in the Court, even though they have the same salary grade.

The OAS recommends that both positions should be given only to members of the Bar, since there are legal matters involved in the functions of both offices. In particular, OAS notes that the MISO Chief must know the basic legal and operational information technology (IT) needs of the Court, while the PMO Chief deals in large part with agreements, loans, and other contracts with various agencies and international funding institutions. In both cases, the specific need for IT knowledge, and project management and donor coordination, respectively, will be answered by the requirement for relevant studies and/or experience.

The OAS recommends the following QS, to wit:


MISO
Chief of Office
PMO
Judicial Reform Program Administrator
Education

Bachelor of Laws with units and/or studies in computer science, information technology or any comparable computer education

Bachelor of Laws with units and/or studies in any of the following fields: public administration, business administration, finance, economics, social sciences, or any related field.

Experience

10 years or more of relevant supervisory work experience either in the government (acquired under career service) or private sector, with at least 5 years relevant experience in the field of computer science or information and communication technology

10 years or more of relevant supervisory work experience either in the government (acquired under career service) or private sector, with at least 5 years relevant experience in the field of economics, social sciences, or any related field, as well as in donor coordination and project management.


Training32 hours of relevant experience in management and supervision32 hours relevant training in project management and supervision
EligibilityRA 1080 (Bar)RA 1080 (Bar)
Collatilla Deputy Clerk of CourtDeputy Clerk of Court
Judicial RankRTC JudgeRTC Judge

The OAS also restudied the QS for the Assistant Chief of Office of MISO. It suggests that the Deputy Director title of the MISO Assistant Chief of Office be reverted back to its original title, "SC Assistant Chief of Office, MISO." It further recommends the following modifications to the QS of the Assistant Chief of Office, MISO, and of the Deputy Judicial Reform Program Administrator of the PMO:


MISO
Assistant Chief of Office
PMO
Deputy Judicial Reform Program Administrator
Education

Bachelor of Laws with units and/or studies in computer science or information technology; or completion of Masteral (sic) Degree in any computer education (sic)

Bachelor of Laws with units and/or studies in any of the following fields: public administration, finance, economics, social sciences; or completion of Masteral (sic) Degree in Public Administration, Business Administration, Finance, Economics, Social Sciences or any related field

Experience

10 years or more of relevant supervisory work experience either in the government (acquired under career service) or private sector with at least 3 years experience in the field of computer science or information and communication technology

10 years or more relevant supervisory work experience either in the government (acquired under career service) or private sector with at least 3 years relevant experience in the field of economics, social sciences or any related field, as well as in donor coordination and project management


Training

At least 32 hours of relevant trainings in computer operation, information and communication technology

At least 32 hours of relevant trainings in project management and supervision

Eligibility

RA 1080 (Bar) or any appropriate CSC 2nd level eligibility

RA 1080 (Bar) or any appropriate CSC 2nd level eligibility

The OAS explained that while all SC Assistant Chiefs of Offices are required to be lawyers in their QS, this requirement may be substituted with a master's degree in the case of MISO and PMO, considering that the duties and responsibilities of these two positions involve special technical skills in computer/information technology and project management and donor coordination, respectively.

In its Comment,8 the MISO states that the Court has an ongoing ICT consultancy project with Indra Sistemas S.A., part of which specifically deals with the creation of a MISO Re-Engineering Development Plan (MRDP). Among the concerns studied by Indra was the staffing pattern of MISO and the QS for each position in the office's plantilla. Indra's recommendation for the QS of the MISO Chief recognizes that lawyers or non-lawyers may apply for the position, with the recommended QS for lawyer-applicants bearing a strong similarity to those proposed by the OAS. Indra's recommendations are as follows:

 FOR LAWYERSFOR NON-LAWYERS
Education

Bachelor of Laws
and 18 MA units in relevant ICT course, 3 years relevant ICT experience or 60 hours of ICT training or relevant ICT certification

* An additional project management certification is proposed for all managerial/supervisory positions to enable them to effectively manage IT projects

Bachelor's Degree in relevant ICT course and an MBA or Post Graduate Degree in a Management related course

or

Bachelor's Degree in a Management-related course and an MBA or Post-graduate Degree in a Management-related course and 18 MA units in relevant ICT course, 3 years relevant ICT experience or 60 hours of ICT training or relevant ICT certification

* An additional project management certification is proposed for all managerial/supervisory positions to enable them to effectively manage IT projects

Experience

10 years of supervisory experience (within or outside the Supreme Court)

10 years of supervisory experience (within or outside the Supreme Court)

Training

40 hours of relevant training in management and supervision

40 hours of relevant training in management and supervision

Eligibility

RA 1080 (Attorney)

CSC Professional or IT eligibility

 

An additional project management certification is proposed for all managerial/supervisory positions to enable them to effectively manage IT projects

On the other hand, the PMO, in its Comment,9 maintains that the nature of the JRPA position is different from the adjudicatory and other legal functions of the other offices in the Court. It also says that the legal issues confronted by the PMO in the performance of its tasks do not require the JRPA to be a lawyer. It points out that there are four (4) lawyer positions in the PMO's plantilla, and these lawyers can adequately meet the PMO's legal concerns. They assist and advise the JRPA on matters requiring legal knowledge and in drafting legal instruments or documents. The PMO also states that it does not enter into contracts and agreements on its own but first secures the approval of the Court even at the initial stages of discussion with the other contracting party/parties. Instead, it emphasizes the need for experience in donor coordination and development projects, considering the nature of the PMO's work.

Finally, the Fiscal Management and Budget Office (FMBO) also submitted its Comment.10 The FMBO agrees with the OAS recommendation to make membership in the Bar a qualification for the positions of Chief, MISO and Chief (JRPA), PMO. It also suggests that the Bachelor of Laws degree be made a minimum requirement, and that the additional units and/or study be included in the training requirement. The FMBO says that there will be no significant change in the financial remuneration for both positions under the proposed QS. The only difference will be the grant of the Special Allowance for the Judiciary (SAJ). If the proposed QS will be approved, the holders of the two positions will be accorded judicial ranking and, consequently, given the monthly SAJ.

The Court acknowledges that there is some merit in the OAS recommendation. Indeed, while the MISO and the PMO are not directly involved in the adjudicative functions of the Court, both offices operate to support the Court in its main function of deciding cases. As such, it is important that the persons who head these offices have adequate working knowledge of the Court's functions and the legal implications of their actions.

However, we must also recognize the technical nature of the positions of Chief, MISO and JRPA, PMO. The OAS itself admitted the technical character of the functions of the MISO and PMO when it said that the duties and responsibilities of Assistant Chief, MISO and Deputy JRPA, PMO, involve special technical skills in computer/information technology and project management and donor coordination, respectively.

The same specialized skills should likewise be required for the Chief of MISO and the JRPA of the PMO. As heads of these offices, the Chief of MISO and JRPA of the PMO must possess the requisite knowledge and expertise to lead their respective offices in the performance of their main tasks.ςηαñrοblεš  Î½Î¹r†υαl  lαω  lιbrαrÿ

Accordingly, even as the Court sees the importance of maintaining uniformity of the QS for positions in the same level, the nature of the functions of each office must play a dominant role in determining who should head these offices. The technical or specialized skills needed for the positions of Chief of MISO and JRPA of the PMO should, therefore, be the foremost consideration in setting their respective QS. Thus, while a law degree and membership in the Bar is preferred, post-graduate studies in Computer Science (for MISO) and in public administration, finance, economics, or related fields (for JRPA of the PMO) would be adequate substitutes.

As regards the judicial ranking of the two positions, the Court reaffirms the Court's Resolution dated June 6, 2006, and applies the same to the PMO. Thus:

1. If the appointee for Chief, MISO/JRPA is a lawyer, he/she will be given the collatilla "Deputy Clerk of Court" and entitled to judicial rank. He/She will be given the rank, salary and privileges of [an RTC] judge;

2. If the appointee for the Chief, MISO/JRPA is not a lawyer, he/she will only be considered as a Chief of Office. He/She will not be given the collatilla "Deputy Clerk of Court" and will not be entitled to judicial rank.

Relative to the QS for the Assistant Chief of Office of the MISO and Deputy JRPA of the PMO, the Court agrees with the OAS recommendation, subject to the modification of the educational requirement. Considering the higher education standard required of the Chief of MISO and JRPA of the PMO, which is a Master's degree, in the case of the Assistant Chief, this may be substituted with post-graduate units in computer science or ICT, and post-graduate units in Public Administration, Business Administration, Finance, Economics, Social Sciences or any related field, respectively.

IN VIEW OF THE FOREGOING, the Court APPROVES, with modification, the recommendations of the OAS on the Qualification Standards for Chief of Office, Management Information Systems Office and Judicial Reform Program Administrator, Program Management Office, as follows:


MISO
Chief of Office
PMO
Judicial Reform Program Administrator
Education

Bachelor of Laws with at least 18 units in computer science, information technology or any similar computer academic course

or

Bachelor's Degree in computer science or information technology and post-graduate degree, preferably in computer science or information technology

Bachelor of Laws with at least 18 units in public administration, business administration, finance, economics, social sciences or any related field

or

Bachelor's degree and post-graduate degree in public administration, finance, economics, social sciences or any related field

Experience

10 years or more of relevant supervisory work experience either in the government (acquired under career service) or private sector, with at least 5 years relevant experience in the field of computer science or information and communication technology

10 years or more of relevant supervisory work experience either in the government (acquired under career service) or private sector, with at least 5 years relevant experience in the field of economics, social sciences, or any related field, as well as in donor coordination and project management.

Training

32 hours of relevant experience in management and supervision

32 hours relevant training in project management and supervision

Eligibility

RA 1080 (Bar), CSC Professional or IT eligibility

RA 1080 (Bar) or CSC Professional

and the Qualification Standards for Assistant Chief of Office, MISO and Deputy Judicial Reform Program Administrator, PMO:


MISO
Assistant Chief of Office

PMO
Deputy Judicial Reform Program Administrator

Education

Bachelor of Laws with units and/or studies in computer science or information technology

or

post-graduate units in computer science or information technology

Bachelor of Laws with units and/or studies in public administration, finance, economics, social sciences or any related field

or

post-graduate units in public administration, business administration, finance, economics, social sciences or any related field

Experience

10 years or more of relevant supervisory work experience either in the government (acquired under career service) or private sector with at least 3 years experience in the field of computer science or information and communication technology

10 years or more of relevant supervisory work experience either in the government (acquired under career service) or private sector with at least 3 years of relevant experience in the field of economics, social sciences or any related field, as well as in donor coordination and project management

Training

At least 32 hours of relevant trainings in computer operation, information and communication technology

At least 32 hours of relevant trainings in project management and supervision

Eligibility

RA 1080 (Bar) or any appropriate CSC 2nd level eligibility

RA 1080 (Bar) or any appropriate CSC 2nd level eligibility

SO ORDERED.

Endnotes:


1 Rollo, p. 75.

2 Id. at 4-5.

3 Id. at 39.

4 Id. at 18.

5 Id. at 55-56.

6 Id. at 71-72.

7 Id. at 74-82.

8 Id. at 125-127.

9 Id. at 144-147.

10 Id. at 128-132.

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