January 6, 2020

HON. JUDITH DONGALLO-CHICANO

Director IV
Civil Service Commission
National Capital Region
25 Kaliraya St., Brgy. Dona Josefa,
Quezon City

Dear Dir. Chicano,

I am writing to solicit your legal opinion on whether or not I am entitled to the

benefits granted by Republic Act No. 7305 or “The Magna Carta of Public Health
Workers” (Magna Carta).

As a backgrounder, I have been an employee of the Veterinary Inspection Board

(VIB) City of Manila, as early as October 1991, working as a veterinarian. Through
my long, diligent and dedicated work, I rose from the ranks and was appointed City
Veterinarian by then Mayor Joseph Ejercito Estrada sometime in December 2016
with the designation of City Government Department Head III.

In a letter addressed to Mayor Estrada dated December 7, 2018, Usec. Roger P.

Tong-An, Chairperson of the National Management-Health Workers Consultative
Council, Office of the Secretary, Department of Health (DOH), issued a Certification
attesting to my entitlement, together with other VIB employees, to certain benefits
under the Magna Carta, machine copy of the said Certification is hereto reproduced
and attached as Annex “A”, for your ready reference.

In the meantime, the national and local elections were held on May 2019 which
resulted in the defeat of Mayor Estrada and the assumption of Francisco “Isko
Moreno” Domagoso as the Mayor on June 30, 2019. One of the first official acts of
Mayor Domagoso is to appoint his trusted people as officer-in-charge (OICs) of the
different departments in the City of Manila and the detailing and reassignment of
the incumbents, including the undersigned. Thus, from being the head of the VIB, I
was detailed to the Office of the City Administrator sometime in 2017 up to the
present, as evidence by a Special Order, copy of which is hereto appended as Annex
“B”.

Sometime in January 2019, I receive information that my colleagues at the VIB have
started receiving and enjoying their benefits under the Magna Carta. I waited for
sometime for me to receive same benefits but several months have passed without
me receiving them. This prompted me to write a letter address to Mr. Bernardito C.
Ang, Secretary to the Mayor, at around September 2019, requesting clearance and
authority to receive my entitlements under the said law. Copy of the letter is hereto
attached as Annex “C” for your information and immediate reference.

My letter was referred by Mr. Ang to the Office of the City Legal Officer, in the
person of Atty. Genaro Jose Emeterio S. Moreno, Jr., who, in a Memorandum dated
20 September 2019, copy of which is hereto attached as Annex “D”, denied my
request. Atty. Moreno, stated in his Memorandum that while my plantilla position
as a Veterinarian is within the coverage of the Magna Carta as provided for in City
Ordinance No. 8514, I am not entitled to receive the benefits under it as my
temporary assignment in the Office of the City Administrator is not a health-related
office. He added that being temporarily assigned to a non-health related office, I am
not performing health-related work or the function of a Veterinarian, ergo, I am not
entitled to the benefits I am requesting.

Not satisfied, I requested for the reconsideration of the denial of my request, copy of
which is hereto attached as Annex “E”.

In the said request, I pointed out that it is not exactly correct to say that the Office
of the City Administrator is a non-health-related office as it conduct, together with
other offices, periodic inspection of all dormitories in the City of Manila to see to it
that they are complying with pertinent health and safety requirements and building
standards under the applicable laws and ordinances. This mandate is prescribe by
Executive Order No. 25 (Series of 2019), issued by Mayor Domagoso, copy of which is
hereto appended as Annex “F”, for your reference.

I also pointed out in the request that the Magna Carta does not preclude from its
coverage employees who are originally engaged to do health or health-related work
but for one reason or another was transferred or detailed to another office which
does not performed health or health-related task from enjoying the benefits of the
law. This is especially so if the detail or transfer was not of his own making and
without his consent which is the case here.

This is bolstered by the fact that I know of one employee, whose identity I am not at
liberty to divulge, who belong to the health and health-related office but was
presently detailed or assigned to the so called non-health-related office, and yet
continues to receive and enjoy the benefits under the Magna Carta.

In order to emphasize my point, I likewise assert in the request that the

implementation of the benefits under the Magna Carta may be liken to that of the
Representation and Transportation Allowance (RATA). Entitlement to RATA follows
that of the holder of the position wherever he or she may be assigned or detailed.

Be that as it may, I further argued that it is a basic principle under our system of laws
that benefits like the Magna Carta, once granted can no longer be withdrawn. And
that in case of doubt as to whether an employee is entitled to the benefits provided
under the Magna Carta, the doubt, under our laws and prevailing jurisprudence,
must be resolved in favor of the grant.

In a Memorandum dated November 22, 2019, Atty. Moreno again denied my request
for reconsideration ratiocinating as follows:

 Executive Order No. 25 (Series of 2019) is an Order Reorganizing the Committee

for Inspection of All Dormitories where the City Administrator was designated as
the Chairperson whose task is to organize the composite team for the purpose.
The fact that Dr. De Jesus is presently detailed in the said office does not
necessarily mean that he together with all the employees therein are members
of the composite team, as he in fact failed to show proof that he is a member of
the team.

 The intention of the Magna Carta of Public Health Workers and its
Implementing Rules and Regulations (IRR) is to cover persons engaged in health
and health-related works. It did not identify positions, but instead, identified
the entities such as hospitals, offices and health-related establishments where
the employees are assigned.
 The claim that the Magna Carta is similar to RATA and attached to the position is
 inaccurate considering the necessity of complying with certain conditions in
order to be entitled therein.

 Based on the foregoing, he maintains his earlier opinion that the undersigned
who is presently detailed in the City Administrator’s Office is not engaged in any
health or health-related activities, and recommends the denial of the request for
reconsideration on the grant of benefits under the Magna Carta of Public Health
Workers.

 Interestingly, the City Legal Officer failed and/or refused to render opinion on
the issue of an an employee belonging to a health or health-related office who is
currently detailed in a so called non-health related department, but who
continue to receive and enjoy the benefit of the Magna Carta.

Your prompt action on the request will be highly appreciated.

Very respectfully yours,

DR. VIRGIL BENEDICT C. DE JESUS

City Veterinarian, City of Manila
47-C Mapagkawanggawa St., East Diliman,
Teacher’s Village, Quezon City