the Philippines RVICE COMMISSION 10, Vivian RA, Myla Overt ine “x RESOLUTION no. __991231 Daniel T. Parifas, Vice Mayor, Baguio City, requests a finitive ruling on the overtime services rendered by two Sangguniang Panlungaed staff, Vivian C. Balmeo and Myla L. Ordufis, on July 4, 1898. The pertinent portion of e request dated January 11, 1999 reads as follows: "In connection with the attached opinion of Atty. Myrna V. Macatangay, Director III, C8C-CAR on the letter, dated July 22, 1998 of Hon. Nicasio 8. Palaganas. SP Member II, Baguio re: Overtime Services of Me. Vivian ¢. Balmeo and Ms. Myla Leah ZL. Ordufla on July 4, 1998, may we seek further clarification on the matter for the guidance of all concerned considering that during one of the gominars of the Administrative Staff, it was mentioned that person/s must have rendered 40 hours of service/week before they be allowed to render overtime." This case arose from the reavest for payment of time services of Balmeo and Ordufia. both staff of aeio S. Palaganas, Sangguniang Panlungsod member. Their mest was denied by Vice Mayor Farifias on the ground that Je they claim overtime for July 4, 8 Saturday, they wore St able to complete the forty hour work-week requirement Gor the week immediately prior to their overtime (June 29- Tily 3) because both incurred tardiness on July 3, 1998 in Fle cace of Halmeo, and July 2, 1996 in the case of Orduha, Sangeunieng Panlungeod Member Palaganas took exception the denial of the claim on the ground that: "While tt be true that Mrs. Balmeo has incurred 14 minutes diness and Mre. Orduia, 19 minutes on July 3 and 2, eetively, if would appear that if this undertime ta cted from their avertime they will still have rendered, the case of Mre. Balmeo 46 hours and 46 minutes and in fie case of Ms. Ordufia 46 hours and 47 minutes during the k, which excess should be paid as OVERTIME to then‘. Cmatsne Wi Batiang Winds Compe, Pinon (2, Queriniy = Tak Nak BL-7BS901-T919In an opinion dated October 20, 1998, rendered by the vil Service Commission - Cordillera Adminiatrative Region C-CAR), Section 285 (c) of the Government Accounting and iting Manual was cited as basis for the grant of overtime ; ae follows: “¢. An employee who has not rendered the minimum working hours for the week may be allowed to claim overtime pay provided he has sufficient leave credits." ‘The issue for resolution is whether or not an employee 0 has rendered less than forty hours for the whole work ek may be paid for overtime services rendered on a The pertinent rule on overtime services is found in etion 10, Rule XVII of the Omnibus Rules Implementing Book of E.0. 202, aa follows: SEC. 10. When the interest of public service 50 requires, the daily hours of work for officers and employees may be extended by the head of the agency concerned, which extension shall be fixed in accordance with the nature of the work. Provided, That work in excess of eight cat must__be _preverly compensated. (Underl ining supplied) While Section 10 of the Omnibus Rules states that work excese of eight (8) hours must be properly compensated, o eight-hour work per day requirement should be taken in Pelation to the forty-hour work-week prescribed under the Baw. Work in excess of eight hours per day will be Eompensated provided the employee has first completed the Yorty-hour weekly requirement. tion 285 The abovequoted rule, taken together with & 6) of the GAAM (quoted above), provides the basis for the mant of overtime pay. The requirement in the GAAM that the leyee claiming overtime pay hae sufficient leave credits @ to enable the agency to correspondingly deduct from the save credits the tardiness and undertime of the employes @oncerned. In that way, an employee who rendera leas than Forty hours from Monday to Friday, in case he ie required to ork on a weekend, will be paid for overtime for the jekend. The government will not be prejudiced since the ployee“s tardiness and undertime will be deduoted from nis ave credits.Based on the foregoing, an employee docs not have to jomplete the forty (40) hours work per week required by law efore he can be paid overtime for services rendered on a jeskend, provided, that he has leave credits against which he lacking hours will be deducted from. WHEREFORE, foregoing premises _coneidered, the mmission hereby rules that Vivian C. Balmeo and Myla Leah , Orduiia are entitled to overtime pay for services rendered mm July 4, 1998 provided the seme are authorized. @ number of minutes that they were tardy shall, however, e deducted from their leave credits. Quezen City, yyw? | 1999 wold. Chairman his hack DID NOT PARTICIPATE LMA P_ GAMINDE JOS! KF. ERESTAIN, JR. Commissioner Commissioner Attested by: 8/315 cS