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[A.M. No. 99-7-11-SC.December 14, 1999]

RE: PROPOSED APPOINTMENT OF MR. EMILIANO S. LOYOLA, JR.

EN BANC

Gentlemen :

Quoted hereunder, for your information, is a resolution of this Court dated DEC 14, 1999 .

A.M. No. 99-7-11-SC(Re: Proposed Appointment of Mr. Emiliano S. Loyola, Jr., a non-lawyer as Court Attorney V-CT in the Office of Justice Demetrio G. Demetria.)

For consideration is the Motion for Reconsideration of the Court's En Banc resolution dated July 20, 1999 and the Urgent Motion dated December 10, 1999 of Mr. Emiliano S. Loyola, Jr. praying that pending the resolution of his Motion for Reconsideration dated August 9, 1999, he be allowed to receive his salaries and benefits for the services he actually rendered.

The Court finds no cogent reason to reconsider its resolution of July 20, 1999. Considering, however, that Mr. Loyola has been regularly reporting for work for nine (9) months starting April 5, 1999 up to the present without receiving any salaries or emoluments from the Court of Appeals; further considering that being the only breadwinner in a family of five with three children and consistent with the rule that government employees are entitled to compensation for services rendered in accordance with the proposition that "as he works, he shall earn" (Bangalisan v. Court of Appeals, 276 SCRA 619 [1997]), there exists ample legal and equitable bases to order the payment of such emoluments (Ibid., citing Sales v. Mathay, Sr., 129 SCRA 180 (1984] and Reyes v. Hernandez, 71 Phil. 397[1941]).

WHEREFORE, the Court RESOLVES to DENY the Motion for Reconsideration and GRANT the Urgent Motion filed by Mr. Emiliano S. Loyola, Jr. However, he should be paid for and allowed to receive his salaries and all benefits for the services he had actually rendered starting April 5, 1999 up to December 31, 1999 only. Thereafter, he should forthwith vacate his office.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Assistant Clerk of Court

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