Res Gestae
Overtime pay, undermined (?)
Many would find this farfetched, if not absurd, but truly members of the Philippine National Police may get paid for overtime service.
This has never crossed my mind too before. All I knew of the nature of police work is a round-the-clock service. They must always be on alert and available to respond to any call for police assistance, which may occur at any time of the day or night.
Though this theory is the prevailing consideration, it must not, however, supersede or undermine any existing Memorandum Circular purporting the contrary.
This, I realized when I got a copy of National Police Commission Memorandum Circular No. 2000-002. The document authorizes the Chief of the Philippine National Police to grant overtime pay to members of the PNP who are required to render overtime services.
Well, I am sure the said document is not a hoax. I got it straight from the official website of Napolcom, the www.napolcom.gov.ph.
The Memorandum Circular, which was approved on April 6, 2000, is premised on Memorandum Order No. 228 dated March 29, 1989 of the Office of the President, as amended by Memorandum Order No. 227 dated August 26, 1994 that authorized the rendition of overtime services in all departments, bureaus, offices and agencies of the national government, including state universities and colleges, government-owned and/or controlled corporations and local government units.
The rationale for the said Memorandum Circular was explicated by the Civil Service Commission in its letter dated April 19, 1991 addressed to then Fire Lieutenant Wilfredo P Balinas of Sta. Cruz Fire Station, Sta. Cruz, Manila Re: Classification on the Coverage of the Forty Hours Work Law (RA 1880) to Firemen, as it ruled: "..In the case of firemen, the nature of their functions and responsibilities and exigency of the service which necessitate a round-the-clock observance of their duties, are required by the Head of Office concerned to render service in excess of forty hours a week. However, any work done in excess of forty hours must be compensated… The reason is not difficult to discern. RA 1880, otherwise known as the Forty Hour a Week Law provides payment of service rendered beyond forty hours a week… The reasons of equity, this law should likewise cover and apply to firemen insofar as their overtime services are concerned…"
In view of the foregoing, Napolcom found "no cogent legal reason/s why policemen will not be paid for overtime services for work rendered beyond the prescribed working period." After all, the functions and responsibilities of firemen and PNP members are more or less of the same nature.
Yes, it may indeed sound unorthodox but the reasoning is logical and reasonable. The Memorandum Circular No. 2000-002 did not circumvent any law, it simply reiterated the right of the PNP members as mandated by law and for reasons of equity. What remains an issue now is whether the provisions of RA 1880 as stressed further in Napolcom Memorandum Circular 2000-002 has been observed or not.
I am in a contention that while "service beyond the call of duty" is a jargon in the PNP, such must not, in no way, undermine the provisions of the law. The reason is not difficult to discern. No one is above the law.
REMINDER: "Mamang Pulis / Aleng Pulis, sa serbisyong tama, may mabuting napapala."
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