Key Takeaway: Joint Resolutions Can Be Enacted into Law and Impact Salary Adjustments in the Philippine Government

Ang Nars Party-List v. Executive Secretary, G.R. No. 215746, October 08, 2019

The case of Ang Nars Party-List v. Executive Secretary sheds light on the complex interplay between legislative actions and executive orders in the Philippines, particularly concerning salary adjustments for government employees. Imagine a nurse working tirelessly in a public hospital, expecting a salary increase promised by law, only to find it unfulfilled due to a legal technicality. This scenario underscores the real-world impact of the legal debate over whether joint resolutions can amend or repeal existing laws, such as the Philippine Nursing Act of 2002.

In this case, the petitioners, including the Ang Nars Party-List and the Public Services Labor Independent Confederation, challenged the validity of Section 6 of Executive Order No. 811, which set the salary grade of government nurses at Salary Grade 11, contrary to Section 32 of Republic Act No. 9173, which mandated a higher Salary Grade 15. The central legal question was whether a joint resolution, like Joint Resolution No. 4, could effectively amend or repeal a prior law.

Legal Context: Understanding Joint Resolutions and Their Legal Impact

In the Philippine legal system, the legislative process is governed by the Constitution, which outlines the procedure for enacting laws. A bill must pass three readings on separate days in both the Senate and the House of Representatives and be signed into law by the President. However, the controversy arises with joint resolutions, which, while similar in process, are not explicitly mentioned as becoming law in the Constitution.

A joint resolution is a legislative measure that requires the approval of both houses of Congress and the signature of the President. It is often used for single items or issues, such as salary adjustments or emergency appropriations. The Constitution states in Article VI, Section 26 (2) that “No bill passed by either House shall become a law unless it has passed three readings on separate days,” but does not mention joint resolutions explicitly.

The key legal principle at play is the doctrine of separation of powers, which dictates that the legislative power is vested exclusively in Congress. This includes the power to appropriate funds, which must be done through legislation. The case also touches on the concept of delegation of power, where Congress may delegate certain powers to the executive branch, provided the law is complete and contains adequate guidelines.

To illustrate, consider a scenario where Congress passes a joint resolution to adjust the salaries of all government employees. If this resolution goes through the same legislative process as a bill, including three readings and presidential approval, it can effectively become law, impacting the salaries of employees like nurses, teachers, and other public servants.

Case Breakdown: The Journey of Ang Nars Party-List v. Executive Secretary

The case began with the enactment of Republic Act No. 9173 in 2002, which set the minimum base pay for nurses at Salary Grade 15. In 2009, Joint Resolution No. 4 was passed, authorizing the President to modify the compensation system, leading to the issuance of Executive Order No. 811, which set the salary for Nurse I positions at Salary Grade 11.

The petitioners argued that Joint Resolution No. 4 did not have the authority to amend Republic Act No. 9173, as it was not a law. The case proceeded directly to the Supreme Court, bypassing lower courts, due to the transcendental importance of the issue.

The Supreme Court’s decision was multifaceted. It recognized that Joint Resolution No. 4 had indeed gone through the legislative process required for bills to become law, including three readings and presidential approval. However, the majority opinion held that only bills could become law, thus declaring that Joint Resolution No. 4 could not amend or repeal Republic Act No. 9173.

Here are key points from the Supreme Court’s reasoning:

• “Under the Constitution, only a bill can become a law. Before a bill can become a law, it must pass three readings on separate days, unless the President certifies that its enactment is urgent.”
• “A joint resolution is not a bill, and its passage does not enact the joint resolution into a law even if it follows the requirements expressly prescribed in the Constitution for enacting a bill into a law.”
• “The power of the purse belongs exclusively to Congress under Sections 24 and 25, Article VI of the 1987 Constitution.”

Despite this, the Court could not compel Congress to fund the salary increase under Republic Act No. 9173, as it respected the separation of powers and Congress’s exclusive authority over appropriations.

Practical Implications: Navigating Salary Adjustments and Legislative Actions

This ruling has significant implications for how salary adjustments and other legislative measures are implemented in the Philippine government. Government employees, particularly those in sectors like nursing, must be aware that joint resolutions, while treated similarly to bills in the legislative process, may not have the same legal effect as laws.

For businesses and individuals, understanding the nuances of legislative actions is crucial. If a joint resolution affects your industry or employment, it is essential to monitor subsequent laws and appropriations that may impact its implementation.

Key Lessons:

• Joint resolutions can go through the same legislative process as bills but may not be considered laws under the strict interpretation of the Constitution.
• The power to appropriate funds remains with Congress, and no other branch can compel them to act.
• Employees and employers should stay informed about legislative changes that may affect salary adjustments and other benefits.

Frequently Asked Questions

What is the difference between a bill and a joint resolution?
A bill is a general measure that can become law after passing three readings in both houses of Congress and being signed by the President. A joint resolution is similar but is often used for specific issues like salary adjustments or emergency appropriations.

Can a joint resolution amend or repeal an existing law?
According to the Supreme Court’s ruling in this case, a joint resolution cannot amend or repeal an existing law because it is not considered a law under the Constitution.

What should government employees do if they expect a salary adjustment based on a joint resolution?
Government employees should monitor subsequent laws and appropriations that may affect the implementation of the joint resolution. They should also engage with their unions or representatives to advocate for the necessary funding.

How does the separation of powers affect salary adjustments in the government?
The separation of powers means that only Congress can appropriate funds, so even if a law or joint resolution mandates a salary adjustment, it must be funded by Congress to take effect.

What are the practical steps for individuals affected by legislative changes?
Stay informed about legislative developments, engage with advocacy groups, and consider legal consultation if necessary to understand how changes may affect you.

ASG Law specializes in labor and employment law. Contact us or email hello@asglawpartners.com to schedule a consultation.