BAC honoraria

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BAC honoraria

Post by jopiq on Fri Mar 09, 2012 2:38 pm

Hi,

item 5.8 of BC 2004-5A states that

" By reason of jurisprudence, a Department Undersecretary or Assistant Secretary who concurrently serves in the BAC, in whatever capacity, shall not be entitled to honoraria."

May I ask what does the phrase " by reason of jurisprudence" means. Does it refer to them being the ranks next to the secretary? Are they both considered second rank officials? In case of GOCC where the highest rank is the president then VP then department managers, are VP and managers the equivalent of USEC and ASEC?

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Re: BAC honoraria

Post by engrjhez® on Fri Mar 09, 2012 2:46 pm

jopiq wrote:Hi,

item 5.8 of BC 2004-5A states that

" By reason of jurisprudence, a Department Undersecretary or Assistant Secretary who concurrently serves in the BAC, in whatever capacity, shall not be entitled to honoraria."

May I ask what does the phrase " by reason of jurisprudence" means. Does it refer to them being the ranks next to the secretary? Are they both considered second rank officials? In case of GOCC where the highest rank is the president then VP then department managers, are VP and managers the equivalent of USEC and ASEC?

Jurisprudence pertains to recent Supreme Court ruling/decisions such as that of Bitonio, Jr. vs COA (GR-147392).

[May I seek the concurrence of RDV @ GP3i if this was the jurisprudence being referred to by the mentioned DBM Circular.]
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Re: BAC honoraria

Post by jopiq on Fri Mar 09, 2012 5:12 pm

Thanks for the reply. I read the link, however I think it does not apply to GOCCs because the constitution specifically refers non-entitlement of honoraria to Department Secretaries, undersecretary and assistant secretary.

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Re: BAC honoraria

Post by engrjhez® on Fri Mar 09, 2012 6:25 pm

jopiq wrote:Thanks for the reply. I read the link, however I think it does not apply to GOCCs because the constitution specifically refers non-entitlement of honoraria to Department Secretaries, undersecretary and assistant secretary.

Then it would only mean that the cited section (5.Cool of the DBM Circular would only applies to NGAs if that is the case. Smile
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Re: BAC honoraria

Post by Jovinal on Fri Mar 09, 2012 9:31 pm

Can I have a Copy or Link of BC 2004-5A.
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Re: BAC honoraria

Post by engrjhez® on Sat Mar 10, 2012 12:06 am

Jovinal wrote:Can I have a Copy or Link of BC 2004-5A.

click here >>> http://www.gppb.gov.ph/laws_rules/laws/BC_2004-5A.pdf

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Re: BAC honoraria

Post by Jovinal on Sat Mar 10, 2012 8:02 am

Thank You Engr. JHEZ.
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Re: BAC honoraria

Post by sunriser431 on Thu Mar 15, 2012 10:17 am

jopiq wrote:Hi,

item 5.8 of BC 2004-5A states that

" By reason of jurisprudence, a Department Undersecretary or Assistant Secretary who concurrently serves in the BAC, in whatever capacity, shall not be entitled to honoraria."

May I ask what does the phrase " by reason of jurisprudence" means. Does it refer to them being the ranks next to the secretary? Are they both considered second rank officials? In case of GOCC where the highest rank is the president then VP then department managers, are VP and managers the equivalent of USEC and ASEC?
Excerpts from AO#292 and read carefully section 15. Good luck bounce
Sec. 15. Inhibitions Against Executive Officials. - The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflicts of interest in the conduct of their office.
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