OCA CIRCULAR NO. 3-2006, January 05, 2006

1. To promote harmony in the workplace and thereby foster the productivity of
   lower court officials and employees for the betterment of the
   service;

2. To create a work atmosphere conducive to good supervisor-employee relations
   and improved employee morale;

3. To settle grievances at the lowest level possible in the organization;
4. To serve as a catalyst for the development of capabilities of personnel on
   dispute settlement, especially among supervisors in the lower courts;
   and

5. To formalize the existing informal system of settling grievances in the
   lower courts.

1. A grievance shall be resolved expeditiously at all times at the lowest level
   possible in the agency. However, if not settled, at the lowest level, an
   aggrieved party shall present his grievance step by step following the hierarchy
   of positions.

2. The aggrieved party shall be assured freedom from coercion, discrimination,
   reprisal and biased action on the grievance.

3. Grievance proceedings shall not be bound by legal rules and technicalities.
   Even verbal grievance must be acted upon expeditiously. The services of a legal
   counsel shall not be allowed.

1. Non-implementation of policies, practices and procedures on economic and
   financial issues and other terms and conditions of employment fixed by law
   including salaries, incentives, working hours, leave benefits, and other related
   terms and conditions;

2. Non-implementation of policies, practices and procedures which affect
   employees from recruitment to promotion, detail, transfer, retirement,
   termination, lay-offs, and other related issues, that affect them;

3. Physical working conditions;
4. Interpersonal relationships and linkages;
5. Dissatisfaction concerning applications, indorsements and recommendations
   for promotion;

6. All other matters giving rise to employee dissatisfaction and discontentment
   outside of those cases enumerated above.

A. Multiple Sala Courts

A. 1. Second Level Courts

The composition of the EGC for these courts shall follow the composition
under A. La. However, the Vice Chairman shall be the most senior (in terms of
service in the Judiciary) Presiding Judge from among the remaining
branches.

The composition of the EGC for these courts shall follow the composition
under A.2.b.

In case of the prolonged absence (30 days or more) of the Vice Chairman, or
where the grievance is against him, the Branch Clerk of Court of his branch
shall act as Vice Chairman.

A.2.d. MTC multiple sala courts

The composition of the EGC for these courts shall be as follows:

Chairperson	—	most senior (in terms of service in the Judiciary) Presiding Judge
Vice Chairman	—	next most senior Presiding Judge
Members (2)	—	One (1) PACE representative each from the first and second level positions, or in the absence of a PACE representative, duly elected by the majority of the employees of the court concerned.

However, in the event that an Executive Judge has been designated, the
Executive Judge shall automatically be the Chairman. The most senior of the
remaining Presiding Judges shall be the Vice Chairman.

In case of prolonged absence (30 days or more) of the Vice Chairman, or where
the grievance is against him, the procedure under A.2.b (for MTCs with 3 or more
branches) or A.2.c. (for MTCs with only 2 branches) shall
apply.

B. Single Sala Courts

B.1. Second level single sala courts

Chairperson	—	Incumbent Executive Judge of the RTC single sala court
Vice Chairman	—	Any one of the Presiding Judges in the first level courts within the administrative supervision of the Executive Judge of the RTC single sala court as designated by such Executive Judge
Members (2)	—	One (1) PACE representative each from the first and second level positions, or in the absence of a PACE representative, duly elected by the majority of the employees of the court concerned.

Where the grievance is against the Vice Chairman, the RTC Executive Judge
shall designate any judge from the first level courts within his administrative
supervision to act as Vice Chairman for that particular
grievance.

B.2. First level single sala courts

Single sala first level courts shall be clustered with the EGC of the
Regional Trial Court exercising administrative supervision over the concerned
first level courts.

However, in the event that it would be quite burdensome on the part of any of
the parties to personally seek resolution of their grievance, they may file
their grievance in writing with the EGC of the nearest and most accessible
RTC.

C. Shari’a District/Circuit Courts

Chairperson	—	Presiding Judge of the Shari’a District Court
Vice Chairman	—	Any one of the Presiding Judges of the Shari’a Circuit Courts within the administrative supervision of the EGC Chairman
Members (2)	—	One (1) representative each from the first and second level positions, selected by majority of the employees of the court concerned.

The Executive Judge shall constitute the EGC within fifteen (15) working days
from approval of the OCA Grievance Machinery for the Lower
Courts.

VIII. Procedure

The procedure for seeking redress of grievances shall be as follows:

A. Grievance of Parties Within the same Branch/Office

A.1. Discussion with Immediate Supervisor

At the first instance, a grievance shall be presented verbally or in writing
by the aggrieved party to his immediate supervisor.

The immediate supervisor may call the party against whom the grievance is
directed; or schedule an immediate conference between the parties; or perform
such other acts that will most expeditiously deal with the grievance presented.

The immediate supervisor shall inform the aggrieved party of the
corresponding action within three (3) working days from the date of
presentation.

A.2. Appeal to the Higher Supervisor

If the aggrieved party is not satisfied with the verbal decision, he may
submit the grievance either verbally or in writing, within five (5) working days
to the next higher supervisor who shall render his written decision within five
(5) working days from receipt of the grievance.

The Higher Supervisor may call the parties to discuss the problem/s
presented, or perform such other acts that will expeditiously dispose of or
solve the grievance.

A.3. Absence of Immediate Supervisor

In the absence of the immediate supervisor in items A and B, the
OlC/Pairing/Acting Judge shall act on the
grievance.

B. Grievance of Parties Belonging to Different
Branches/Offices

B.1. Discussion with the Immediate Supervisor of the
respondent.

Whenever the parties involved belong to different offices,’ the grievance
shall be presented to the immediate supervisor of the respondent either verbally
or in writing. Such grievance shall be resolved by the immediate supervisor
within five (5) working days from date of filing.

The immediate supervisor may call the party against whom the grievance is
directed; or schedule an immediate conference between the aggrieved party and
the party against whom the grievance is directed; or perform such other acts
that will most expeditiously deal with the grievance presented.

B.2. Appeal to the Higher Supervisor of the respondent.

The resolution of the immediate supervisor may be elevated to the higher
supervisor of the respondent either verbally or in writing within five (5)
working days from receipt thereof. The higher supervisor of the respondent shall
render his written decision within five (5) working days from receipt of the
appealed grievance. The Higher Supervisor may call the parties to discuss the
problem/s presented, or perform such other acts that will expeditiously dispose
of or solve the grievance.

B.3. Absence of Higher Supervisor

In the absence of the higher supervisor in items A and B, the
OIC/Pairing/Acting Judge shall act on the
grievance.

C. Grievance against Immediate Supervisor

Where the object of the grievance is the immediate supervisor, the aggrieved
party may bring the grievance to the higher supervisor of the latter, who shall
in turn render a decision in writing within five (5) working days from receipt
of the grievance.

In all cases under A, B and C, the decision of the higher supervisor may be
appealed to the EGC within five (5) working days from receipt of the
decision.

The EGC may conduct an investigation and hearing within ten (10) working days
from receipt of the appealed grievance and render a written decision within five
(5) working days after the investigation. Thereafter, it shall issue a
Certification on the Final Action on the Grievance (CFAG) which shall contain,
among others, the history and action taken on the grievance.

D. Grievance against the Higher Supervisor

Where the object of the grievance is the higher supervisor, the aggrieved
party may submit the grievance, verbally or in writing, to the EGC.

The EGC shall render its written decision on the grievance within five (5)
working days from its submission.

E. Grievance against the Executive Judge

Where the object of the grievance is the Executive Judge, the aggrieved party
may submit the grievance, verbally or in writing, to the OCA Grievance Committee
for appropriate action.

The OCA Grievance Committee shall render its written decision on the
grievance within fifteen (15) working days from the date the grievance is
submitted for resolution.

F. Appeal to the OCA Grievance Committee

The decision of the EGC in A, B, C and D may be appealed to the OCA Grievance
Committee within fifteen (15) working days from receipt thereof. Together with
the appeal, the aggrieved party shall submit the Certification on the Final
Action on the Grievance (CFAG) issued by the EGC.

G. Appeal to the Office of the Court Administrator

The decision of the OCA Grievance Committee may be appealed to the Office of
the Court Administrator within fifteen (15) working days from receipt of the
decision. The aggrieved party is required to submit together with the appeal,
the Certification on the Final Action on the Grievance (CFAG) issued by the OCA
Grievance Committee.

H. Periods

The periods within which action on a grievance is required to be made or
appeals may be taken as herein provided shall be non-extendible in line with the
policy to resolve grievances expeditiously at all times.

IX. Bilis Aksyon Partner

Pursuant to CSC Memorandum Circular No. 2, s. 2001, a Bilis Aksyon Partner
(BAP), who shall be designated by the Court Administrator, shall serve as the
action officer of the OCA Grievance Committee for the Lower Courts. He shall
promptly render assistance to lower court employees for the redress of their
grievances through the grievance machinery as established by the Office of the
Court Administrator.

The BAP shall ensure that grievances are resolved expeditiously at

the lowest level possible in the agency.

A BAP shall likewise be designated by the Executive Judge to serve as the
action officer for the EGC.

X. Grievance Forms

The following forms shall be used:

1. Grievance Form (see image on page 16 of the oca circulars 3)
2. Grievance Agreement Form (see image on page 16 of the oca circulars
   3)

3. Certificate of Final Action on the Grievance (see image on page 16 of the
   oca circulars 3)

4. Quarterly Report of the EGC (see image on page 16 of the oca circulars
   3)

XI. Pro-Active Measures

1. The Office of the Court Administrator shall ensure equal
   opportunity for men and women in the lower courts to be represented in the
   grievance committee.

2. The OCA Grievance Committee and the Employee Grievance
   Committee shall develop and implement pro-active measures that would prevent
   grievance such as employee assembly, “talakayan”, counseling and other Human
   Resource Development Programs.

3. The OCA Grievance Committee and the Employee Grievance Committee shall
   conduct training information drives on Grievance Machinery among officials and
   employees of the lower courts in collaboration with the Office of Administrative
   Services, OCA.

XII. Quarterly Report

The Employee Grievance Committee shall submit a report of its
accomplishments and status of unresolved grievances to the OCA
Grievance Committee within ten (10) days after the end of each quarter.
The OCA Grievance Committee shall submit a consolidated quarterly report, duly
noted by the Court Administrator, to the Civil Service Commission Regional
Office.

XIII. Liabilities

Supervisors or officials who refuse to take action on a grievance brought to
their attention shall be liable for neglect of duty.

XIV. Effectivity

This Grievance Machinery for the Lower Courts shall take effect immediately
upon approval by the Supreme Court En Banc.

XV. Commitment

The Office of the Court Administrator hereby corams to implement the
provisions of this Grievance Machinery in accordance with existing civil service
law and rules.

Noted by:

MEMORANDUM ORDER NO. __52__-2005

RECONSTITUTION OF THE OFFICE OF THE COURT ADMINISTRATOR
GRIEVANCE COMMITTEE FOR THE LOWER COURTS

In the interest of the sercie and in accordance with the
provisions of Rule XII (Complaints and Grievances) of the “Rules Implementing
Book V of Executive Order No. 292 abd Other Pertinent Civil Service Laws”
subject of Resolution No. 91-163 dated 27 December 1991 of the Civil Service
Commission, which Chapter provides for the settlement of grievances in the
public sector, the Office of the Court Administror (OCA) Grievance Committee for
the Lower Courts is hereby reconstituted as follows:

The Committee shall see to the expeditious, fair and impartial
settlement of grievances of lower court employees pursuant to and in accordance
with the prescribed grievance procedure.

In consultation with the Members of the Committee, the
Chairperson shall designate the Recorder Secretary and Assistant Recorder
Secretary.

The Chairperson, Vice Chairperson, Members, Recorder Secretary
and Assistat Recorder Secretary shall be entitiled to the expense allowance
authorized under Administrative Circular No. 13-99

This Memorandum Order revokes OCA Office Order No. 21-2002
dated 02 September 2002 [Re: Constitution of the OCA Grievances Committee for
the Lower Courts] and shall take effect upon its issuance.

Issued thie 19^th day of September 2005.

(pursuant to and by virtue of the revised Resolution in A.M. No.
99-12-08-SC)