On January 08, 2015, the Supreme Court En Banc received a Petition for Certiorari and Mandamus, filed by Ang Nars Partylist and Public Services Labor Independent Confederation (“petitioners”), against the Executive Secretary, the Secretary of Budget Management, and the Secretary of Health (“respondents”).
Petitioners raised three paramount issues and assailed, inter alia, that the Executive Order 811 exceeded the jurisdiction granted to it by Joint Resolution No. 4 when it downgraded the salary grade of government nurses, Joint Resolution No. 4 did not amend Section 32 of the Philippine Nursing Act of 2002 by lowering the entry level for nurses, and respondents committed grave abuse of discretion in asserting that the entry level for government nurses should be Salary Grade “11” disregarding the provisions of the Philippine Nursing Act of 2002.
The Supreme Court En Banc, in an advisory, directed the parties to limit their presentation of oral argumentations on the following issues: (1) Whether Joint Resolution No. 4 has repealed Section 32 of Republic Act No. 9173, and (2) whether the Supreme Court can compel the respondents to pay nurses their compensation under Salary Grade 15 as prescribed in Section 32 of Republic Act No. 9173.
Likewise, the Solicitor-General was directed to confer with Congress for the submission of position papers to address whether a joint resolution can amend or repeal an existing law, and on how the passage of a bill into law compares with the passage of a joint resolution.
Finally, the oral arguments were set on February 26, 2019, at 2:00 P.M.