(a) Annual clothing allowance shall be given to all employees, whether employed on permanent or emergency basis, who are in the service for at least six (6) consecutive months, provided they serve the agency for another six (6) months from the day they receive the allowance."

x x x

            "BE IT RESOLVED FURTHER that the grant of the said allowance shall be made on the following conditions:

x x x

Employees who are due to retire within the year may opt to receive their clothing allowance in cash or in kind, provided they are still in the service for at least six (6) months from the day they receive the allowance. For this purpose, the reckoning date considered as date of receipt of allowance shall be January 1, 2002."

            It is clearly provided therein that an employee who is due to retire within this year is entitled to the clothing allowance for year 2002 provided that he is still in the service for at least six (6) months from receipt of the said allowance or January 1, 2002. Under the present circumstances, Nicolas retired on June 1, 2002. Consequently, he fell short of the required six (6) months in order to be granted the clothing allowance.

            WHEREFORE, the request for the grant of the Mid-Year Bonus and half of the clothing allowance of Manuel T. Nicolas is hereby DENIED.

            Quezon City, SEP 05 2002

MEMORANDUM CIRCULAR NO. 03-2005

GUIDELINES ON THE GRANT OF CLOTHING ALLOWANCEAND THE WEARING OF APPROPRIATE OFFICE ATTIRE

FOR CALENDAR YEAR 2005

WHEREAS, on 28 December 2004, the Chief Justice, as recommended in the Joint Memorandum dated 13 December 2004 of the Bids and Awards Committee for Office Uniforms for the Supreme Court and the Presidential Electoral Tribunal (BAC for Office Uniforms for SC and PET) and the Bids and Awards Committee for Office Uniforms for the Lower Courts (BAC for Office Uniforms for LCs), approved the granting of Uniform/Clothing Allowance (U/CA) for calendar year (CY) 2005 in the form of cash;

WHEREAS, Section 305, Article 5, Chapter 5, Title 5, Book III of the General Accounting and Auditing Manual (GAAM), s. 1992, provides: "All employees who have been in the service for at least six (6) months shall be entitled to the clothing allowance; provided that said employees shall serve for another six (6) months from the day the said allowance is received";

WHEREAS, Budget Circular (BC) No. 2003-8 dated 8 December 2003, as amended by BC No. 2003-08A dated 2 July 2004 re: "Rules and Regulations on the Grant of Uniform/Clothing Allowance (U/CA) to All Government Personnel for FY 2004 and Years Thereafter," provides the rules and regulations to implement the pertinent provision under the annual GAA on the

grant of U/CA to all government personnel in National Government Agencies, State Universities and Colleges, Government Owned and Controlled Corporation, Government Financial Institutions and Local Government Units for FY 2004 and the years thereafter;

WHEREAS, BC No. 2003-8, as amended by BC No. 2003-8A, pertinently provides:

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:

…

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

3.0            Rules and Regulations

…

3.2       Government 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.

3.3       Newly hired government personnel shall be entitled to U/CA after they have rendered six (6) consecutive months of service or in the next grant thereof whichever comes later.

…

3-7       Government personnel who transferred to other agencies during the first six (6) months of a particular year and were not granted U/CA, whether in cash or in kind, by their former agencies, shall be granted U/CA by their new agencies. If they transferred to other agencies within the last six months of a particular year they are deemed to have been granted U/CA by their former agency.

NOW, THEREFORE, the Guidelines on the grant of Uniform/Clothing Allowance (U/CA) for the Supreme Court, Presidential Electoral Tribunal, and Lower Court officials and employees for CY 2005 are hereby adopted, as follows:

1.      Coverage

All officials and employees of the SC, PET, and LCs, whether permanent, temporary, coterminous, casual (including the maintenance personnel of the Halls of Justice), or on part-time basis shall be entitled to CY 2005 U/CA. Consultants and those hired through contracts of services are not entitled.

2.      Entitlement to Uniform/Clothing Allowance (U/CA) for CY 2005

2.1       Officials and employees must have rendered continuous service from 1 July 2004 to 30 June 2005.

2.2       In case of transferees from other government agencies:

2.2.1       Those who transferred from 2 January 2005 to 30 June 2005 shall be granted the U/CA provided they present a Certification from their former agencies that they were not granted U/CA.

2.2.2       Those who transferred from 1 July 2005 to 31 December 2005 shall be deemed to have been granted U/CA by their former agencies and shall no longer be granted the U/CA by the Court.

2.3       Employees who are on authorized or unauthorized leave without pay for more than six (6) consecutive months for the period from 1 July 2004 to 30 June 2005 shall not be entitled to the U/CA; and

2.4       All claims for payment of CY 2005 U/CA by officials and employees of the SC or PET or those of the LCs must be brought within the calendar year before the BAC for Office Uniforms for SC and PET or the BAC for Office Uniforms for LCs, respectively; otherwise such claims shall no longer be entertained and shall be deemed forfeited.

3.      Appropriate Office Attire and Allowable Exemptions

3.1       Appropriate Office Attire.  - All officials and employees, including those who are detailed to the Court, must wear appropriate office attire at all times inside the workplace as prescribed by Civil Service Commission Memorandum Circular No. 19, s. 2000 (Revised Dress Code for All Government Officials and Employees) dated 31 October 2000.

3.2       Appropriate Footwear. - Appropriate footwear (CSC MC No. 19, s. 2000) shall mean closed formal shoes.

3.3       Identification Card (I.D.). - I.D. shall be worn at all times as it forms part of the official uniform or appropriate office attire covered by these Guidelines.

3.4       Prohibited Attire. - The following attire shall be prohibited when performing official functions inside the workplace:

3.4.1       Gauzy, transparent or net-like blouse or shirt;3.4.2       Sando, sleeveless, strapless or spaghetti-strap blouse (unless

worn as an undershirt), tank-tops, blouse with plunging necklines, and hanging or body fit blouse;

3.4.3       Non-collared t-shirts;3.4.4       Mini and micro-mini skirts, walking shorts, cycling shorts,

leggings, tights, jogging pants, "Capri" pants, pedal pushers;3.4.5       Sandals and step-in exposing the toes; and3.4.6       Rubber sandals, rubber slippers, "bakya."

Female officials and employees shall see to it that their skirts are knee-length.

Mules and slings back shoes that cover the toes are allowed.

The wearing of denim or "maong" pants, non-collared t-shirt, rubber shoes, sandals and step-in is allowed on Fridays only.

3.5       Proper Grooming. - The sporting of long unkempt hair and the wearing of earrings and other body ornaments by male employees are not allowed.

4.      Creation of the Committee on Office Uniforms at the Judicial Region Level. - A Committee on Office Uniforms shall be created in multiple sala courts, which shall be composed of the Clerk of Court and two (2) members to be designated by the Executive Judge. The Committee shall have the following functions:

4.1       Ensure and monitor compliance with the Guidelines on the wearing of office uniforms or appropriate office attire;

4.2       Submit monthly reports on violations to the BAC for Office Uniforms for LCs; and

4.3       Act on requests for exemption under Item 3.5 hereof.

In single sala courts, the Clerk of Court shall perform the functions of the Committee on Office Uniforms mentioned above.

5.         Disciplinary Action for Non-Compliance. - Conformably with Item (c) of Section 22, Rule XIV, Revised Omnibus Rules Implementing Book V of E.O. No. 292 (Administrative Code of 1987) and other Pertinent Civil Service Law, which states that violations of reasonable office rules and regulations include violations of CSC MC No. 19, s. 2000 (Dress Code), and pursuant to the Court's inherent power to discipline its personnel, the following penalties shall be imposed upon all erring personnel through administrative disciplinary proceedings for non-compliance with these Guidelines:

First Offense      -     Reprimand

Second Offense -     Suspension without pay for one (1) to thirty (30) days

Third Offense     -     Suspension without pay for one (1) month and one (1) day to six (6) months

Fourth offense    -     Dismissal from the service.

6.         Monitoring of Compliance with the Guidelines in the SC and PET. All Chiefs of Offices, immediate supervisors, and officers and members of the BAC for Office Uniforms shall be responsible for the (1) implementation of these Guidelines; (2) monitoring compliance thereof; and (3) reporting and submitting cases of violations to the Chairperson of the BAC for Office Uniforms for appropriate disciplinary action.

The daily report on Attendance and Tardiness (RAT) shall include a list of covered officials and employees who are not in office uniforms or appropriate office attire.

The personnel of the Security Division are hereby deputized to list down the names of officials and employees who do not comply with the Dress Code. The list shall indicate the date of commission of the violation and the name of the official or employee concerned, who must be informed of such violation. The list shall be submitted to the BAC for Office Uniforms every afternoon.

7.         Any matter not covered by these Guidelines shall be referred, for appropriate action, to the BAC for Office Uniforms for SC and PET if it concerns officials and employees of the SC and PET, or to the BAC for Office Uniforms for LCs if it concerns officials and employees of the LCs.

This Circular shall take effect on 1 March 2005.

Issued this 23rd day of February 2005.

(Sgd.) HILARIO G. DAVIDE, JR.

Chief Justice