Cawad Vs Abad

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Cawad vs.

Abad
G.R. No. 207145
July 28, 2015
Facts:
The case pertains to a petition submitted by a group of public health
employees in the Philippines. These petitioners contest the legitimacy of
circulars issued by both the Department of Budget and Management
(DBM) and the Department of Health (DOH). These circulars result in
reduced benefits for the public health workers. The petitioners contend that
these circulars contravene the provisions of the Magna Carta of Public
Health Workers (RA 7305). It is argued that the issuance of these circulars
constitutes a serious abuse of discretion.

Issue:
Whether or not the circulars issued by the DBM and DOH are valid and in
accordance with the provisions of RA 7305.

Ruling:
The court has granted the petition partially, invalidating certain
provisions of the circulars while affirming others. The circulars remain
valid in upholding the requirement of actual exposure to danger for
hazard pay eligibility, determining rates of subsistence allowance, and
granting longevity pay based on the public health worker's regular
position status. However, the provision in the DBM-CSC Joint Circular
that denies Step Increment due to Length of Service to those already
receiving Longevity Pay is deemed unenforceable. Similarly, the
provision in the DBM-DOH Joint Circular that reduces hazard pay below
the minimum stipulated by RA 7305 is declared invalid. The circulars
issued by the DBM and DOH are deemed valid only when they align
with the provisions of RA 7305.

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