LEGAL OPINION RE ENTITLEMENT TO UNIFORM/CLOTHING ALLOWANCE

LEGAL OPINION NO. ________


DATE : 6 JUNE 2011

TO : JULIETA R. GASTALA
City Budget Officer
City of Koronadal

RE : UNIFORM/CLOTHING ALLOWANCE CLAIM

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Elric M. Batilaran, employee of the Koronadal Investment Center, who is currently in Japan on a scholarship program sponsored by NEDA, in a letter dated 24 May 2011, requests that the clothing allowance for the year 2011 be granted to him. He represents, as follows:
x x x

“The main meat of this letter is about my disallowance to receive a clothing allowance this year amounting to Four Thousand Pesos (Php 4,000) despite my inquiry and intentions to avail for it. I had received a Budget Circular Number 2003-8 dated 8 December 2003 on Rules and Regulations on the Grant of Uniform/Clothing Allowance to all Government Personnel for FY 2004 and years thereafter” signed Secretary Emilia T. Bancodin as the basis of our LGU’s Budget Office for not granting me the said benefit. When I was reviewing the content of the said Budget Circular, I cannot find any legitimate rationalization in there that would disallow me to receive the said benefit as I am a government employee who is on leave with pay.”

x x x

The bone of his contention is that the denial of the said uniform/clothing allowance by the City Budget Office was due to its erroneous reliance on Item No. 2 of the said circular which provides that:

x x x

“2.0 COVERAGE AND EXEMPTIONS

This Circular shall apply to all government personnel, whether appointive or elective on full-time or part-time basis, under permanent, temporary or casual status, and contractual personnel whose employment is in the nature of a regular employee.

It shall not apply, however, to the following:

x x x

2.3 Government personnel who are on leave without pay or on training/study/scholarship grant and other similar activities for more than six (6) consecutive months in a particular year.” [Emphasis added]

x x x


Mr. Batilaran posits that his scholarship in Japan is considered as on leave with pay; hence, the said provision should not be applied to him, presumably taking into consideration the provision found in Item No. 3.2 which states that “[g]overnment personnel who are expected to render at least six (6) consecutive months in a particular year including leaves of absence with pay shall be entitled to U/CA.”

The issue that needs to be resolved via the instant Legal Opinion therefore is: Whether or not Mr. Elric Batilaran, a city government employee who is presently on scholarship grant and on official leave with pay, is entitled to receive uniform/clothing allowance.

The undersigned answers in the AFFIRMATIVE.

It is important to stress that DBM Local Budget Circular No. 2003-8 has already been amended by DBM Local Budget Circular No. 2003-8-A-04, issued on 2 July 2004. Said amendment provides that:

x x x

1.0 Purpose

This Circular is issued to amend Sub-item 2.3 of Budget Circular (BC) No. 2003-8 dated December 8, 2003 by excluding government employees on training/study/scholarship grant and other similar activities from the list of those not covered by the BC.

It shall not apply, however, to the following:

xxx xxx xxx

2.3 Government personnel who are on leave without pay for more than six (6) consecutive months in a particular year.” [Emphasis added]

x x x


Said amendment has effectively removed all doubts besetting the entitlement of Mr. Elric Batilaran to U/CA. Attached herewith for easy reference is the machine copy of DBM Budget Circular No. 2003-8-A-04.



RESPECTFULLY SUBMITTED:





EUFEMIO A. SIMTIM, JR.
City Legal Officer


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MYRA JOY H. LAWI-AN, LLB
Legal Assistant II