Pay rules for October/November 2012 regular holidays and non-working days


An October 22, 2012 press release from the Department of Labor and Employment
The Department of Labor and Employment yesterday issued Labor Advisory No. 03, Series of 2012, promulgating the pay rules applicable for Friday, October 26 and Friday, November 30 as regular holidays, and Thursday, November 1 and Friday, November 2, 2012 as special non-working days.
“Pursuant to Proclamation Nos. 295 and 488 issued by President Benigno S. Aquino III on November 24, 2011 and October 9, 2012, respectively, the following rules for pay on regular holidays on October 26 and November 30 and special days on November 1 and 2, 2012 shall apply,” said Labor and Employment Secretary Rosalinda Dimapilis-Baldoz in issuing Labor Advisory No. 3.
The rules, based on the advisory, are as follows:
1. Regular Holidays: October 26 and November 30, 2012
1.1  If the employee did not work, he/she shall be paid 100% of his/her salary for that day [Daily Rate + COLA] x 100%;
1.2  If the employee worked, he/she shall be paid 200% of his/her regular salary for that day for the first eight hours [Daily Rate + COLA] x 200%;
1.3   If the employee worked in excess of eight hours (overtime work) he/she shall be paid an additional 30% of his/her hourly rate on said day [Hourly Rate x 200% x130% x Number of hours worked];
1.4  If the employee worked during a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30% of his/her daily rate of 200% [(Daily Rate + COLA) x 200%] + [30%  Daily Rate x 200%; and
1.5  If the employee worked in excess of eight hours (overtime work) during a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30% of his/her hourly rate on said day(Hourly Rate x 200% x 130% x Number of hours worked).
2. Special (Non-working) Days: November 1 and 2, 2012
2.1 If the employee did not work, the “no work, no pay” principle shall apply unless there is a favorable company policy, practice or collective bargaining agreement (CBA) granting payment on a special day;
2.2 If the employee worked, he/she shall be paid an additional 30% of hi/her daily rate on the first eight hours of work (Daily Rate 130%);
2.3 If the employee worked in excess of eight hours (overtime work) he/she shall be paid an additional 30% of his/her hourly rate on said day (Hourly Rate x 130% x 130 % x Number of hours worked);
2.4  If the employee worked during a special day that also falls on his/her rest day, he/she shall be paid an additional 50% of his/her daily rate on the first eight hours of work (Daily Rate x 150%); and
2.5  If the employee worked in excess of eight hours (overtime work) during a special day that also falls on his/her rest day, he/she shall be paid an additional 30% of his/her hourly rate on said day(Hourly Rate x 150% x 130% x Number of hours worked).

DepEd on Track for K to 12 Basic Education Program


The House of Representatives has approved on second reading House Bill No. 6643, which will enact the K to 12 Basic Education Program into law. The Enhanced Basic Education Act of 2012 would give access to two more years of free basic education for Filipinos, while enabling holistic development and readiness for different paths.
Secretary of Education Armin A. Luistro said that the overwhelming support from the House of Representatives and various stakeholders combined with results on the public’s trust in DepEd and its flagship program makes him very hopeful for the success of the broader education reform agenda needed by the Philippines.
“We are grateful to the authors and supporters of the proposed bill in the House of Representatives, especially Rep. Sandy Ocampo, Presiding Officer of the Committee on Basic Education and Culture, Speaker Feliciano Belmonte, and the late Salvador Escudero III. Our gratitude also goes to Sen. Angara and his co-authors in the Senate in pushing for the passage of bill,” Luistro said.
The K to 12 Basic Education Program prescribes an enhanced system that includes one year of Kindergarten, six years of elementary education, and six years of secondary education consisting of four years of Junior High School and two years of Senior High School. It aims to develop lifelong learners who will be prepared for higher education, employment, entrepreneurship, and equip them with middle-level skills.
In her sponsorship speech, Rep. Ocampo cited the imperative for legislating this reform, “we must continue to train our sights on our collective and sacred duty as local and national leaders: that of providing every Filipino with the best shot at a decent life. I submit that there is only one real and guaranteed equalizer: high quality education that is accessible to all.” She emphasized this along with DepEd’s progress in achieving milestones for the education sector, especially on augmenting resource shortages.
To address concerns on preparedness, she also said, “the enhanced curriculum is a product of thorough researches, which looked into the best practices of our neighbor countries and our own experiences in schools and communities nationwide.” She further explained the features of the program and implementation strategies to be employed by Department of Education (DepEd), Commission on Higher Education (CHED), Technical Education and Skills Development Authority (TESDA), and necessary support from the House, Senate, Local Government Units, and the private sector.
“Implementing institutional reforms and addressing resource shortages go hand in hand, and both have immense bearing on the quality of our graduates,” Luistro explained. “Delaying one in favor of the other would further set us back in meeting our goal of making our basic education system attuned to the needs of the 21st century, and accessible to all Filipinos,” added Luistro.
DepEd, in partnership with the private sector and other government agencies, continues to build more classrooms while at the same time giving due course on repairs and rehabilitation of its existing facilities. The department has constructed over 27,000 new classrooms since June 2010 and is targeted to build over 40,000 more next year.  It is also on track in achieving zero backlog in seats and textbooks by the end of this year.
“We are on track to deliver all needed resources in our schools by December 2013 through active sourcing of funds and the enlistment of support from our education partners,” Luistro said.

Arrest of Esperlita Garcia did not arise from the Cybercrime Prevention Act – Sec. Lacierda


Despite continued attempts of some political quarters to mislead and confuse the public, the statements of the Presidential Spokesperson in his press briefing yesterday were clear: The arrest of Esperlita Garcia did not arise from the Cybercrime Prevention Act of 2012. This transcript will bring to the fore that this is a case of libel filed under the Revised Penal Code. It is also of record that the Presidential Spokesperson found in doubt how this case arising from a Facebook post could have prospered notwithstanding a Supreme Court decision on the issue of publication when it comes to libelous statements in cyberspace.
_______________________________________________________________
Excerpt from the press briefing by Presidential Spokesperson Edwin Lacierda:On the temporary restraining order on the Cybercrime Prevention Act and the arrest of Esperlita Garcia
[2F Briefing Room, New Executive Building, MalacaƱan Palace, on October 22, 2012]
Q: Sir, and the leader of anti-mining group in Cagayan was reportedly arrested for posting an allegedly libelous account about mining issue in Cagayan.
SECRETARY EDWIN LACIERDA: The claim of Anakbayan is that this is based on the Cybercrime [Prevention] Act. We verified it with them, with the NBI [National Bureau of Investigation], who effected the arrest. The basis for the arrest was not the Cybercrime [Prevention] Act, which we all knew has been restrained by the Supreme Court.
The case stemmed from a libel case filed by the mayor. As to why it was able to pass and the judge was able to issue a warrant of arrest in spite of a Supreme Court decision on the issue of publication when it comes to libel online, that’s something that the courts and also the fiscal would have to answer to. But this was not a case filed under the Cybercrime [Prevention] Act. Let’s just be clear with it.
Q: Sir, with this, do you think the government should give a more intense information drive regarding the Cybercrime Act?
SECRETARY LACIERDA: No. There is no Cybercrime case. This is not a Cybercrime case. This is a case of libel filed. In fact, if you notice, the bail posted was P10,000. The penalty for online libel is prision mayor, which is higher than the penalty imposed under the Revised Penal Code. Obviously, this is a case filed under Article 355 of the Revised Penal Code. So this is not a case of e-libel.
Let me be clear, let me also inform our good friends from the Anakbayan—and I hope they don’t ride on this issue but apparently they have already rode on it—but they’re claiming that this the start of “e-martial law”. Let me tell Anakbayan, please don’t be ignorant of the issues. You’re entitled to your opinion but you are not entitled to your facts.
Q: Sir, pa-clarify lang what you said that this is not e-libel. ‘Di ba, even without the Cybercrime Law naman there are existing provisions under the RPC [Revised Penal Code] on online libel, which means this is e-libel?
SECRETARY LACIERDA: No, it’s not. There is already Supreme Court decision which has a problem with filing cases based on cyberspace. The issue, one, is of publication. There’s a question of publication. That’s why Supreme Court said that there is no—you cannot file a case against that. It’s already been decided by the Supreme Court. So as to how the fiscal handling this particular case was able to file a case against the anti-mining activist, that’s something that I, myself, as a lawyer is wondering. But this is a case, very clearly, filed under Article 355 of the Revised Penal Code.
Q: Sir, kapag ganito anong klaseng redress ang puwedeng makuha?
SECRETARY LACIERDA: May redress pa naman. They can file a motion for recon because this is a resolution issued by the state prosecutor or the fiscal, or they can file a petition, or rather a [...] motion for judicial determination of probable cause before the judge.
Q: Pero sa level, sir, ng DOJ [Department of Justice] parang hindi nila kailangang i-cascade sa mga fiscals and prosecutors natin na suspended ‘yung Cybercrime Law?
SECRETARY LACIERDA: Number one, [...] alam ng mga fiscals dito and I would expect the judges to know also na may TRO ‘yung Cybercrime [Prevention] Act. That’s why it’s very clear this was not… The warrant of arrest was not issued on account of the Cybercrime law but on account of a case for libel under the Article 355 of the Revised Penal Code.
Ang cause kasi nito galing sa Facebook e. Kaya nagtataka rin kami bakit may Supreme Court decision na on the issue of publication pagdating sa cyberspace; bakit ito natuloy pa. So that’s why kung ang tinatanong mo may redress ba ang akusado, may redress. May motion for recon before the fiscal, or mayroong petition for review before the DOJ proper dito sa Manila, or puwede siyang mag-file ng motion for judicial determination of probable cause. There are still redress of grievances but may remedies pa rin ’yung akusado.

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