By Rjay Zuriaga Castor
Iloilo City Mayor Jerry Treñas has challenged a City Hall employee to run for mayor if he wishes to debate the issue of the 21-month salary increase deficit for city government employees.
The challenge was issued in response to the complaint by Andrew Murray Durano, an Administrative Assistant I at the Office of the City Veterinarian, regarding a backlog in salary increases mandated by the Salary Standardization Law (SSL) V.
SSL V was enacted by former President Rodrigo Duterte through Republic Act 11466 in 2019 and took effect in 2020.
“If he wants to have a debate, then he should run for mayor so we can have a face-to-face debate,” Treñas said in a press conference.
The mayor emphasized that the city government has no legal basis to provide the salary deficit, stressing that the Local Government Code of 1991, or Republic Act (RA) 7160, does not allow for retroactive application of salary increases.
“Wala kita basis nga mag-retroact, kung may basis kita tani dugay na ina nga retroactive kita,” he said.
Treñas explained that an amendment to the Code would be necessary for local government units (LGUs) to implement retroactive salary increases.
“Once amended, every time there is a salary standardization, we can apply it retroactively,” he added.
He noted that if there were a legal basis, the city government would be required to take action, and a complaint could be filed in court if there is a lack of it.
Treñas also indicated that without a legal basis, enforcing retroactive payments could lead to audit disallowances by the Commission on Audit.
The mayor advised Durano to wait for the legal opinion of the city legal office regarding his complaint.
Treñas said he has yet to receive a response from the legal office on Durano’s July letter.
He also referenced statements by Department of Budget and Management (DBM) Secretary Amenah Pangandaman, who called for amending the Code to allow retroactive salary increases for LGU workers.
The DBM secretary noted that the current provisions of the Code lack the necessary flexibility to permit retroactive adjustments in employee compensation, particularly in the areas of salary standardization and other wage-related benefits.
Pangandaman’s remarks came after the guidelines for implementing SSL VI for state workers were approved on August 12 this year.
The Senate has already filed a bill for SSL VI under Senate Bill No. 2611, which proposes increasing the pay of government workers in four tranches from 2025 to 2027.
‘INACCURATE, MISLEADING’
Durano, in a statement obtained by Daily Guardian, called Treñas’ remarks “not only inaccurate but potentially misleading.”
He pointed out that in the context of Philippine law, retroactivity refers to the application of a law to events or actions that took place before the law was enacted.
“In the case of RA 11466, signed into law by then-President Rodrigo R. Duterte on January 8, 2020, the law clearly states in its effectivity clause that it takes effect on January 1, 2020,” he stressed.
Durano argued that the SSL, as an RA and a law enacted by Congress and the president, holds equal footing with the Local Government Code and “[holds] a superior position in the hierarchy of laws compared to executive orders.”
He further noted that the SSL holds a higher legal position compared to executive orders, such as Executive Order No. 64, series of 2024, issued by President Ferdinand R. Marcos Jr. in August this year.
“The issue at hand is not one of retroactivity but rather the apparent failure of the Iloilo City Government to fulfill its legal obligation to implement RA 11466 and compensate its permanent employees accordingly,” Durano argued.
“The law is clear, and the rights of the affected employees should be upheld without further delay,” he added.
