MEMORANDUM CIRCULAR NO. 10-2004
GUIDELINES ON THE
GRANT OF CLOTHING ALLOWANCE AND ON THE WEARING OF OFFICE UNIFORMS.
WHEREAS, in September 2003, the Uniform Committee issued Guidelines
for CY 2004 Office Uniforms in the Supreme Court;
WHEREAS, the Guidelines contained provisions on
the
entitlement to the grant of clothing allowance, schedule of the taking
of body
measurements, and the wearing of office uniforms, among other things;
WHEREAS, the following issuances were made supplements to
the Guidelines for CY 2004 Office Uniforms:
1. Internal Guidelines in the Wearing of the
Prescribed Office
Uniforms for CY 2001;
2. Memorandum of 2 January 2002 enjoining all Chiefs
of Offices
to strictly implement the said Internal Guidelines;
3. Memorandum of 20 September 2002 clarifying the
prohibited
attire and appropriate footwear; and
4. Implementing Guidelines in the Grant of the
Clothing Allowance
for CY 2003 for the SC and Lower Courts (LCs).
WHEREAS, on 2 July 2004, the Chief Justice, with the
concurrence of the Chairmen of the Second and Third Divisions of the
Court, by
virtue of their authority under the Revised Resolution in A.M. No.
99-12-08-SC,
issued Memorandum Order No. 36-2004 entitled Reorganizing,
Reconstituting
and Strengthening the Uniform Committee as the Bids and Awards
Committee (BAC)
for Office Uniforms for the Supreme Court, the Presidential Electoral
Tribunal
and the Lower Courts in accordance with Republic Act No. 9184;
WHEREAS, the BAC for Office Uniforms for the Supreme
Court
(SC) and the Presidential Electoral Tribunal (PET) saw the need to
incorporate
in a Circular all the aforementioned issuances to serve as easy and
convenient
guide for all concerned;
NOW, THEREFORE, the following Guidelines on the
grant of clothing allowance and wearing of office uniforms are hereby
adopted:
A. Coverage. - These Guidelines shall
apply to all officials and employees of the SC,
the PET, the Office of the Court Administrator (OCA), the Philippine
Judicial
Academy (PHILJA), the Judicial and Bar Council (JBC), and the detailed
staff of
the Associate Justices who are members of the Senate Electoral Tribunal
(SET)
and the House of Representatives Electoral Tribunal (HRET) except those
with
the rank of, or higher than, an Associate Justice of the Court of
Appeals.
B. Purpose. -
The wearing of office uniforms is in compliance with the mandate of the
Constitution and the directive of the Code of Conduct and Ethical
Standards for
Public Officials and Employees (R.A. No. 6713) that all public
officials and
employees must lead modest lives appropriate to their positions and
income, and
not to indulge in extravagant or ostentatious display of wealth in any
form.
C. Entitlement to
Clothing Allowance. -
Employees who have been in the service for at least
six (6) months shall be entitled to the clothing allowance: Provided
that
they shall still serve for another six (6) months from the day the
allowance is
received [Sec. 305, Article 5 (Clothing Allowance), Chapter 5, Title 5,
Book
III, General Accounting and Auditing Manual (Volume I), s. 1992].
The
clothing allowance
may be given either in cash or in the form of office uniforms as may be
recommended by the BAC for Office Uniforms.
As
a token of
appreciation for their faithful service to the Court, compulsory
retirees who will
retire between the 1st day of July and the 31st
day of
December of every year shall be granted the clothing allowance in the
form of
office uniforms.
For
transferees within
the Judiciary or from other branches of government to be entitled to
receive clothing
allowance or office uniforms, they should submit a certification from
their
previous employer that they have not yet received their clothing
allowance for
the year.
The
following are not
entitled to receive the clothing allowance:
1. Employees who will compulsorily retire on or
before the 30th day of June of every year;
2. Employees hired between the 1st day of
July and the
31st day of December of every year;
3. Consultants;
4. Those hired through contracts for services;
5. Hired workers, such as carpenters and painters;
and
6. Transferees within the Judiciary and from other
branches of
government who have already received the clothing allowance for the
particular
year.
They
are, however,
required to wear the appropriate office attire or they may wear the
office
uniforms at their own expense.
D. Option of Some
Officials. - The following
officials occupying positions with Salary Grade
(SG) 30 and above shall have the option to avail of the clothing
allowance
either in the form of office uniforms or its cash equivalent:
1. PHILJA Chancellor and Vice-Chancellor
2. Court Administrator
3. Clerk of Court
4. Judicial and Bar Council Members
5. Assistant Clerk of Court
6. Deputy Court Administrators
7. Assistant Court Administrators
8. Division Clerks of Court
E. Rules When
Clothing Allowance is in the Form of Office Uniform. - Should the
clothing
allowance for a particular year be issued in the form of office
uniforms, the
officials and employees concerned shall receive the uniforms in this
wise:
1. Males
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For a
two-design/set uniform
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Two Polo barongs (short-sleeved) and two
pairs of pants for each design
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For a
four-design/set uniform
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One
Polo barong (short-sleeved) and one pair of pants for each design
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Male
officials occupying SG 23 and above
shall have the option to wear the Barong Tagalog, i.e., at least one
long-sleeved for any design/set.
2. Females
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For a
two-design/set uniform
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Two
blouses for each design/set
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One pair of pants and one skirt for each
design/set
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For a
four-design/set
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One
blouse for each uniform design/set
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Two
pairs of pants and two skirts
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A
female official or
employee may avail of either an all-skirt or all-pants combination.
However, if
she avails of the latter, she shall pay the difference in the cost of
the two
other pairs.
Blazers
shall be at the
expense of the official or employee.
3. Maintenance personnel assigned in the SC Compound
in Bagnio
City; PHILJA Development Center in Tagaytay City; and the Halls of
Justice
nationwide, as well as the hired personnel in SC Manila, shall be
issued
working clothes.
4. Selected personnel in the Printing Services,
Motorpool Section
(Mechanics), and the Maintenance Division shall also be issued working
clothes
in addition to the regular office uniforms.
5. Security personnel shall be issued five sets of
uniforms with
a pair of shoes.
6. Nurses and dentists in the Medical and Dental
Services shall
be issued blazers or "scrub" clothes.
F. New employees.
- New employees shall be required to wear the appropriate office attire
until
such time that they are already entitled to the clothing allowance and
issued
their uniforms.
G. Transferees to
Other Offices Within the Judiciary.
– Officials and employees who have been
granted the clothing allowance in the form of office uniforms but who
have
transferred to other offices within the Judiciary shall no longer be
issued the
prescribed set of uniforms. They shall wear the appropriate office
attire.
H. Transferees to
Other Government Offices or Resigned Employees. - Officials or employees
who have been granted the uniform allowance in kind and whose body
measurements
have already been taken but who have transferred to other government
agencies
or resigned before the end of the calendar year shall receive the said
uniforms
made or tailored for them. They shall, however, be required to refund
the
amount equivalent to the clothing allowance.
I. Schedule.
- The schedule for the wearing of office uniform shall be prepared and
released
by the Committee at such time as it shall determine subject to the
approval of
the Chief Justice. Until another schedule is prepared and approved by
the Chief
Justice the current schedule shall be followed.
J.
Appropriate
Office Attire.-
1. Appropriate office attire as herein mentioned
refers to that
prescribed by Civil Service Commission Memorandum Circular No. 19, s.
2000
(Revised Dress Code for All Government Officials and Employees) dated
31
October 2000, the pertinent portions of which read as follows:
4.
Prohibited
Attire. The following attire shall be prohibited for all
government
employees when performing official functions inside the workplace:
4.1.
Gauzy transparent or net-like shirt or blouse;
4.2.
Sando,
strapless or spaghetti-strap blouse (unless worn as an undershirt),
tank-tops,
blouse with over-plunging necklines;
4.3.
Micro-mini skirt, walking shorts, cycling shorts,
leggings, tights, jogging pants;
4.4.
Rubber sandals, rubber slippers, "bakya."
In
relation to the above,
the wearing of "capri" pants, pedal pushers and any other skin-tight
clothings are likewise prohibited.
6.
Exemptions
that may be allowed. In the implementation of this Dress
Code,
certain exemptions may be allowed, on the following grounds:
6.1.
When
the nature of the work of the official or employee demands that he/she
wears
clothing other than those prescribed above;
6.2.
When
religious affiliation or creed or any legitimate practice by the
employee in
relation thereto requires him/her to wear a particular clothing;
6.3.
Physical disabilities and other legitimate health
reasons;
6.4.
Pregnant
female employees are allowed to wear maternity dress during the period
of their
pregnancy;
6.5.
Employees
who lost a loved one can wear mourning clothes during the period of
mourning;
6.6.
Other circumstances analogous to the foregoing.
In
relation to Item 6.3,
a medical certificate from the Court's Medical Services must be
submitted to
the BAC for Office Uniforms.
2. Wearing of Denim
or "Maong" Pants. - Denim or
"maong" pants, although generally prohibited (CSC MC No. 19, s. 2000,
#3), may be considered as appropriate attire when paired with a
collared polo
shirt (for male employees), or any appropriate blouse or collared shirt
(for
female employees). In other words, the wearing of denim or "maong"
pants is allowed provided the same is worn in accordance with these
rules.
3. T-Shirts. - Collared t-shirts are allowed
for both male
and female employees. Non-collared t-shirts are prohibited.
4. Skirt Length. - Female officials and employees
shall
see to it that their skirts are knee-length. Definitely, mini and
micro-mini
skirts (i.e., 3 inches or more above the knee) are prohibited.
5. Appropriate
Footwear. - Appropriate
footwear (CSC MC
No. 19, s. 2000) shall mean closed formal shoes. The following, even
when worn
inside the office premises, are prohibited:
a. Step-in exposing the
toes;
b. Sandals exposing the
toes; and
c. Rubber sandals,
slippers, bakya.
However, the following are allowed:
a. Mules; and
b. Sling back shoes.
The
wearing of rubber
shoes, sandals, and step-ins is, however, allowed on Fridays, and
whenever the
wearing of office uniforms is suspended.
K. Wearing of
Identification Card. -
The office I.D. shall be worn at all times, as it
forms part of the official uniform covered by this Guidelines.
L. Proper
Grooming. - The
sporting of long hair and the wearing of earrings and other
body ornaments by male employees are not allowed.
M. Request for
Exemption from Wearing the Office Uniform. - Except for very
special and
meritorious reasons, all officials and employees who have been issued
uniforms
shall wear them in accordance with the schedule provided. Requests for
exemption must be submitted to the BAC for Office Uniforms for
appropriate
action.
N. Introduction
of Innovations and Alterations to the Office Uniform. - The introduction of
innovations and alterations to the office uniform is strictly
prohibited. Only
the issued appropriate office uniform shall be allowed.
O. Disciplinary
Action for Non-Compliance.
- Conformably with Item (c) of Section 22, Rule
XIV, Revised Omnibus Rules Implementing Book V of EO 292
(Administrative Code
of 1987) and other Pertinent Civil Service Law, which states that
violations of
reasonable office rules and regulations include the violation of CSC MC
No. 19,
s. 2000 (Dress Code), and pursuant to the Court's inherent power to
discipline
its personnel, the following penalties, after observance of the twin
requirements of procedural due process of notice and hearing, shall be
imposed
upon all erring employees through administrative disciplinary
proceedings for
non-compliance with these Guidelines:
First
offense
- Reprimand
Second offense
-
Suspension without pay for one
(1) to thirty (30) days
Third
offense
-
Suspension
without pay for one (1) month and one (1) day to six
(6)
months
Fourth
offense
- Dismissal
from the service.
P. Monitoring of
Compliance with the Guidelines. - All Chiefs of Offices,
immediate
supervisors, and officers and members of the BAC for Office Uniforms
shall be
responsible for the (1) implementation of these Guidelines; (2)
monitoring compliance thereof; and (3) reporting and submitting cases
of
violations to the Chairperson of the BAC for Office Uniforms for
appropriate
disciplinary action.
The
daily Report on
Attendance and Tardiness (RAT) shall include a list of covered
officials and
employees who are not in office uniforms.
The
personnel of the
Security Division are hereby deputized to list down the names of
covered
officials and employees who do not comply with the Dress Code. The list
shall
indicate the date of commission of the violation and the name of the
official
or employee concerned, who must be informed of such violation. The list
should
be submitted to the BAC for Office Uniforms every Friday afternoon.
Q. Non-Availment
of Clothing Allowance. -
The non-availment of the clothing allowance shall
not be an excuse for non-compliance with these Guidelines.
Any
matter not
covered by these guidelines shall be referred to the BAC for Office
Uniforms
for appropriate action.
This Circular shall take effect on 1 October 2004.
Issued this 20th day of September 2004.
HILARIO
G. DAVIDE,
JR.
Chief
Justice
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