JAVIER-IBAY, Marie Grace T.

Re: Muslim Holidays, Query

RESOLUTION NO. 000227

Marie Grace T. Javier-Ibay, Acting Secretary, House of Representatives Electoral Tribunal, Quezon City, seeks the legal
opinion of the Commission concerning the interpretation of the word "Friday" as the Prayer Day of Muslims as embodied in
Civil Service Commission (CSC) Resolution No. 81-1277. The letter-query reads as follows:

"It is our understanding that Resolution No. 81-1277 regulates the availment of privileges by Muslims under Presidential
Decreee No. 291 (1973) and Presidential Decree No. 322 (1973) on only these specific matters: 1) Muslim holidays; and 2)
Muslim Fasting month or the Ramadan. This is the reason why CSC Resolution No. 81-1277 could not have meant to extend
any privilege to days other than Muslim holidays and the 30 days of Ramadan, the fasting month.

"Pres. Decree No. 322 expanded the scope of privileges under Pres. Decree No. 291, by (1) listing six [6], instead of five [5],
Muslim holidays [Section 1 thereof]; (2) providing for observance of office hours of fasting Muslim employees in the
government from 7:30 am - 3:30 pm. Without noon break or coffee break without diminution of salary and wages. [Sec. 3[a]];
and (3) providing that regulations to govern Sec 3[a] on the fasting month of Ramadan shall be issued together with directives
on Muslim holidays [Section 3[b]].

"Hence, CSC Resolution No. 81-1277 is one such regulations on the availment by Muslims in government of Muslim
holidays (par. I thereof) and the 30 days of Ramadan (pars. 2 & 3 thereof) inclusive of the Fridays of Ramadan. It is being
alleged by one (1) of two (2) Muslim employees in our office that the Friday privilege stated in paragraph 3 of Resolution No.
81-1277 pertains to all Fridays of the calendar year. If that were to be the intent of the Resolution, then the Commission
would have gone beyond the purpose of Pres. Decree No. 291 (on Muslim holiday privilege) and of its amending law, Pres.
Decree No. 332 (on Muslim holiday, plus, on the fasting season of Ramadan). Moreover, if that were to be the Official
interpretation of the Commission, the Resolution could be said to have intended something not germane to the purpose of
the enabling laws. Nevertheless, it is our position that we have understood the Commission's Resolution to be in accordance
with the scope and intent of the enabling laws, specifically, that the 'Friday' referred to in paragraph 3 thereof should be read
in conjuction with paragraph 2, as both paragraphs pertain to Ramadan.

"In view of the foregoing, we look forward to being informed soon of whether or not our analysis and interpretation of the
Commission's Resolution No. 81-1277 is congruence with the Commission's official interpretation.

Very truly yours, FOR THE TRIBUNAL

"MARIE GRACE T. JAVIER-IBAY "Acting Secretary"

"3. During Friday, the Muslim pray day, Muslims are excused from work from 10:00 o'clock in the morning to 2:00 o'clock in
the afternoon."

Said provision clearly and unequivocally provides that Friday is the "Prayer Day" of Filipino Muslims. This stipulation is in
accordance with Jumu'a or the Assembly Friday Prayer (Sura LXII, 9-11) of the Holy Qur'an.

The use of the word "Friday" in the resolution is without qualification. There is no indication that it refers to Fridays of
Ramadan nor holidays falling on a Friday. It signifies only one thing: it refers to all Fridays of the calendar year. This follows
the statutory rule of Absolute sententia expositore non indiget [the language of the law is clear, no explanation is required]
(U.S. v. Allen, 2 Phil. 630)

Javier-Ibay's claim that the privileges in the subject resolution is enjoyed only during Muslim holidays and the thirty (30) days
of Ramadan is not acceptable. Such claim, if allowed, will render the provisions of the CSC Resolution nugatory. Muslim
working hours during the Muslim holidays and the month of Ramadan (including Fridays) are already provided for in
paragraphs 1 and 2 of said CSC Resolution No. 81-1277, quoted as follows:

"1. During the (1) Eid-ul-Fir (Hariraya Puasa); (2) Eid-ul-Adha (Hariraya Haji); (3) Maulod-en-Nabi; (4) Lailatul Isra Wal miraj;
(5) Muharram; and (6) Amon Jaded, Muslims are free from office work the whole day of these holidays without being marked
absent;

"2. During 'Ramadan' the Fasting month (30 days) of the Muslims, the Civil Service official time of 8 o'clock and 1 o'clock to
5 o'clock is hereby modified to 7:30 A.M. to 3:30 P.M. without noon break and the difference of 2 hours is not counted as
undertime;"

The Commission recognizes the Constitutional right of the Muslim to the free exercise of their faith. In fact, CSC Resolution
No. 81-1277 acknowledges their custom to assemble for common prayers every Friday, following the teachings of the Holy
Qur'an. However, this exercise of faith is not without restriction. Such "Friday Prayer Day" should not be performed to the
prejudice of both the government and the public.

Section 5, Rule XVII of the Omnibus Rules Implementing Book of V of Executive Order No. 292 states as follows:

"SEC. 5. Officers and employees of all departments and agencies except those covered by special laws shall render not
less than eight hours of work a day for five days a week or a total of forty hours a week, exclusive of time for lunch. As a
general rules, such hours shall be from eight o'clock in the morning to twelve o'clock noon and from one o'clock to five
o'clock in the afternoon on all days except Saturdays, Sundays and Holidays."
This means that civil servants, Christians and Muslims alike, are enjoined to render public service of no less than eight (8)
hours a day or forty (40) hours a week. Allowing Muslims three (3) hours of "free time" (10:00 am - 2:00 pm) every Friday is
equivalent to twelve (12) hours a month or one (1) and a half-day per month of "free time".

Although the Commission acknowledges the Muslims' Friday Prayer Day, it cannot allow diminution of government working
hours. Therefore, as a compromise, a flexitime scheme should be adopted to comply with both equally pressing obligations.
Such flexitime shall follow the guidelines mandated, therefore, as embodied in CSC MC No. 14, s. 1989, as herein
reproduced.

Pursuant to Resolution No. 89-256 dated April 21, 1989 the Civil Service Commission hereby prescribes the adoption of
Flexible Working Hours for all officials and employees in the government service subject to the following conditions:

1) Heads of departments, offices and agencies shall have the authority to approve office working hours, provided that in such
working hours, officials and employees shall render not less than eight hours a day for five days a week for a total of forty
hours.

2) The flexible working hours shall not start earlier than 7:00 o'clock in the morning and end later than 7:00 o'clock in the
evening, hence the public is still assured of the core working hours of eight o'clock in the morning to five o'clock in the
afternoon.

3) The public must be assured of a continuous service during the period of 12:00 noon to 1:00 in the afternoon.

4) The Flexible Working Hours adopted by the official of employee shall thereafter be his regular working hours which cannot
be occasionally or periodically changed at his convenience.

5) In the exigency of the service, working days may also be altered to include Saturdays and Sundays, provided that
employees who work on such days may choose compensatory days-off during the weekdays, provided that the Saturday
and Sunday are regular workdays and not cases of overtime.

Such working day may be applicable to offices with frontline services such as Consular offices abroad, Bureau of Internal
Revenue, Bureau of Customs, Social Security System, Government Servcie Insurance System, and other offices that issue
licenses, permits, clearances, or which process documents needed to have access to other services.

6) A report of flexible working hours adopted by the department, office or agency shall be submitted to the Civil Service
Commission within thirty (30) days of its implementation.

7) Habitual absenteeism and tardiness shall hereafter be considered as grave offenses.

WHEREFORE, the Commission hereby declares that the term "Friday" embodied in CSC Resolution No. 81-1277 refers to
every Friday of the calendar year. Also, the Commission mandates the adoption of a flexitime scheme to accommodate
Muslims' "Friday Prayer Day" whenever applicable.

Quezon City, January 26, 2000

(Sgd.) JOSE F. ERESTAIN, JR.

Commissioner

(Sgd.) CORAZON ALMA G. DE LEON

Chairman

On Official Business

THELMA P. GAMINDE

Commissioner

Attested by:

(Sgd.) ARIEL G. RONQUILLO

Director III