Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1968 > July 1968 Decisions > G.R. No. L-26082 July 31, 1968 - NORBERTO DE LA REA v. HON. ABELARDO SUBIDO, ET AL:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-26082. July 31, 1968.]

NORBERTO DE LA REA, Petitioner-Appellee, v. HON. ABELARDO SUBIDO, in his capacity as Civil Service Commissioner, and HON. JOSE D. CALDERON, General Manager, National Marketing Corporation, Respondents-Appellants.

[G.R. No. L-27246. July 31, 1968.]

ISMAEL MATHAY, Sr., in his capacity as Auditor General, THE BOARD OF DIRECTORS AND GENERAL MANAGER, NATIONAL MARKETING CORPORATION, ABELARDO SUBIDO, in his capacity as Civil Service Commissioner, THE SOLICITOR GENERAL and PAULINO T. DEL MUNDO, Petitioners, v. HON. FRANCISCO ARCA, in his capacity as Judge of the Court of First Instance of Manila, Branch I, JOSE SAN AGUSTIN, in his capacity as Clerk of Court and Sheriff of Manila, NORBERTO DE LA REA and AMANDO CUADERNO, Respondents.

[G.R. No. L-27248. July 31, 1968.]

NORBERTO DE LA REA and AMANDO CUADERNO, petitioners and appellees, v. ISMAEL MATHAY, SR., in his capacity as Auditor General, BOARD OF DIRECTORS and GENERAL MANAGER, NATIONAL MARKETING CORPORATION, respondents and appellants.


SYLLABUS


1. POLITICAL LAW; CIVIL SERVICE LAW; EFFECT OF DISAPPROVAL OF PROMOTIONAL APPOINTMENT; BASIS OF REIMBURSEMENT OF DIFFERENCE IN SALARY; PERIOD OF SUSPENSION COMPENSABLE WITH THE FIRST SIX MONTHS PETITIONER WAS ACTUALLY OUT OF SERVICE ILLEGALLY. — The promotional appointments extended to De la Rea by the Auditor General involved in the cases before US were not Final nor complete, and as both were disapproved by the Commissioner of Civil Service, they ceased to exist in law upon said disapproval becoming final and executory. That upon the finality of the disapproval by the Commissioner of Civil Service of the promotional appointments thereof, first as Auditor and later as Corporate Auditor of NAMARCO, he should be deemed to have reverted to his original position as Auditor of Pasay City. During the period he acted as Auditor or Corporate Auditor of NAMARCO in accordance with said promotional appointments, he was entitled to collect and receive the salary appertaining to said positions, but only at the rate of P15,600 per annum. Basis of reimbursement are as follows: (1) No reimbursement need be made by De la Rea in relation to the period he had actually served as Auditor or Corporate Auditor of NAMARCO, unless at any time during said period he collected monthly salaries in excess of P15,600 per annum, or he continued to act as Auditor and to collect the corresponding salary even after the disapproval of his appointments had become final; (2) After the finality of said disapproval, De la Rea shall reimburse NAMARCO the excess of whatever salaries he had collected from the latter as its Auditor or Corporate Auditor, over the salary corresponding to the position of Auditor of Pasay City, namely P11,400.00. It is reasonable that the six months suspension from office imposed by the Commissioner of Civil Service is compensable with the first six months during which De la Rea has actually been kept out of the service by reason of pertinent decision and orders of the Commissioner of Civil Service.


R E S O L U T I O N


DIZON, J.:


Before Us now are the following: (1) A MOTION FOR CLARIFICATION filed by Norberto de la Rea concerning: (a) the length of his service as Auditor and Corporate Auditor of NAMARCO; (b) the basis to be used in the computation of the amount he has been sentenced to refund; (c) his status in the service from the date of his ouster therefrom and immediately prior to his reinstatement to his original position as Pasay City Auditor; (d) the six months suspension imposed upon him by the Commissioner of Civil Service; and (2) A MOTION FOR PARTIAL RECONSIDERATION filed by the Auditor General and the Commissioner of Civil Service, claiming that, as de la Rea had waived his right to return to his former position as City Auditor of Pasay, our decision of March 1, 1968 in the above-entitled cases should be modified accordingly.

The Auditor General and the Commissioner of Civil Service also filed an opposition to de la Rea’s motion for clarification.

In connection with the above matters, it is pertinent to bear in mind and consider the following portion of our decision:jgc:chanrobles.com.ph

"In accordance with the foregoing, it is clear that the promotional appointments extended to De la Rea by the Auditor General involved in the cases before Us were not final nor complete, and as both were disapproved by the Commissioner of Civil Service, they ceased to exist in law upon said disapproval becoming final and executory. Consequently, it is also clear that De la Rea should be deemed to have reverted to his position of Auditor of Pasay City; that he would be entitled to collect and receive the salary of Auditor or Corporate Auditor of NAMARCO during the period he acted as such, but only at the rate of P15,600 per year, this being the annual salary for the position of Assistant General Manager of the NAMARCO. This is in accordance with Republic Act No. 2260 which provides that the salary of corporate auditors shall be equal to the salary authorized for the first assistant or next ranking managing head of the Corporation."cralaw virtua1aw library

The dispositive part of our decision related to the abovequoted portion is as follows:jgc:chanrobles.com.ph

"(1) In G.R. No. L-26082, the decision appealed from (Civil Case No. 63551) is hereby reversed and set aside, and judgment is rendered declaring valid the decisions of the respondent Commissioner of Civil Service Subido (1) finding De la Rea guilty of misconduct in office in Administrative Case No. 28684, and (2) disapproving the promotional appointments extended by Auditor General Jimenez in favor of petitioner Norberto de la Rea, first as Auditor and subsequently as Corporate Auditor of the National Marketing Corporation.

"(2) In G.R. No. L-27248, the decision appealed from is likewise reversed and set aside together with the order and writ of execution pending appeal issued on February 6, 1967.

"Furthermore, in consonance with the findings and conclusions set forth above with respect to G.R. No. L-26082 and G.R. No. L-27248, We hereby declare that upon the disapproval of De la Rea’s appointments as Auditor and later as Corporate Auditor of NAMARCO, he reverted to his original position as Auditor of Pasay City. As a result, he is hereby sentenced to pay to the National Marketing Corporation whatever may be the difference between his salary as Auditor of Pasay City, on the one hand, and the salary that he had collected and received as Auditor or Corporate Auditor of NAMARCO from the time the decision disapproving his appointments for such positions became final. In this connection, the case (Civil Case No. 67663) is remanded below for further proceedings in connection with the accounting to be made."cralaw virtua1aw library

Due to the peculiar facts involved in the cases at bar — particularly the circumstance that De la Rea, a government Auditor, appears to have become enmeshed in the dispute between the Auditor General and the Commissioner of Civil Service regarding their respective powers over the appointment of auditors assigned to different governmental agencies — We endeavored to decide the issues raised by the parties on the basis of broad considerations of fairness and equity. Thus We held that upon the finality of the disapproval by the Commissioner of Civil Service of the promotional appointments extended by the Auditor General in favor of De la Rea, first as Auditor and later as Corporate Auditor of NAMARCO, he should be deemed to have reverted to his original position as Auditor of Pasay City.

We held, however, that during the period he acted as Auditor or Corporate Auditor of NAMARCO in accordance with said promotional appointments, he was entitled to collect and receive the salary appertaining to said positions, but only at the rate of P15,600 per annum.

Upon the other hand, it is not disputed that De la Rea’s salary as Auditor of Pasay City was P11,400 per annum.

Considering the foregoing, the reimbursement to be made in accordance with our original decision must be on this basis:chanrob1es virtual 1aw library

(a) No reimbursement need be made by De la Rea in relation to the period he had actually served as Auditor or Corporate Auditor of NAMARCO, unless at any time during said period he collected monthly salaries in excess of P15,600 per annum, or he continued to act as Auditor and to collect the corresponding salary even after the disapproval of his appointments had become final;

(b) After the finality of said disapproval, De la Rea shall reimburse NAMARCO the excess of whatever salaries he had collected from the latter as its Auditor or Corporate Auditor, over the salary corresponding to the position of Auditor of Pasay city, namely P11,400 per annum.

The dates when De la Rea started collecting salary from NAMARCO under his aforesaid two promotional appointments; the date when the decision of the Commissioner of Civil Service disapproving said appointments became final and executory, the date when he actually stopped collecting and receiving salary from NAMARCO are matters to be threshed out in the proceedings to be had below.

Going now to the motion for partial reconsideration filed by the Auditor General and the Commissioner of Civil Service, We find the same to be without merit for the reasons stated in our original decision.

In connection with the penalty of six months suspension without pay imposed upon De la Rea by the Commissioner of Civil Service effective upon notice of the latter’s decision, De la Rea says the following in his motion for clarification —

"IV. On de la Rea’s suspension for six (6) months (L-26082). —

"In G R. No. L-26082 this Honorable Court sustained the authority of the Commissioner of Civil Service to suspend de la Rea from office. Since March 8, 1967 and up to the present, a period of over one (1) year, de la Rea is actually out of the service. In justice and equity, de la Rea should be deemed to have fully satisfied the penalty of suspension from office imposed upon him. His suspension from office for six months can be compensated with the first six months starting March 8, 1967 that de la Rea has been out of the service illegally."cralaw virtua1aw library

It is, therefore, manifest that, as the Solicitor General says in his motion for partial reconsideration, de la Rea has not served the sentence thus imposed by the Commissioner of Civil Service as compensable upon him but instead brought suit questioning its legality. But, as he avers in his motion for clarification, he has already been out of the service for a period of over one year as a consequence of all these litigations in which he had become involved, We deem it reasonable to have the six months suspension from office imposed by the Commissioner of Civil Service as compensable with the first six months of the period during which de la Rea has actually been kept out of the service by reason of pertinent decision and orders of the Commissioner of Civil Service.

THUS MODIFIED, the decision rendered heretofore in the above- entitled cases is affirmed in all other respects.

Reyes, J.B.L., Makalintal, Zaldivar, Sanchez, Castro, Angeles, and Fernando, JJ., concur.

Concepcion, C.J., took no part.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






July-1968 Jurisprudence                 

  • G.R. No. L-24990 July 3, 1968 - WILLIAM C. PFLEIDER v. REPUBLIC OF THE PHIL.

  • G.R. No. L-24804 July 5, 1968 - PEOPLE OF THE PHIL. v. MARCIANO PARAYNO, ET AL

  • G.R. No. L-28561 July 8, 1968 - BARNEY FRENCH v. COMMISSION ON ELECTIONS, ET AL

  • A.C. No. 102 July 15, 1968 - PAFLU v. HON. EMILIO C. TABIGNE

  • G.R. No. L-21175 July 15, 1968 - PASCUALA SOTTO PAHANG v. FILEMON SOTTO

  • G.R. No. L-18414 July 15, 1968 - ANTONIO M. PEREZ, ET AL v. J. ANTONIO ARANETA

  • G.R. No. L-24843 July 15, 1968 - MEMBERS OF THE CULT OF SAN MIGUEL ARCANGEL v. PEDRO NARCISO

  • G.R. No. L-24419 July 15, 1968 - LEONORA ESTOQUE v. ELENA M. PAJIMULA

  • G.R. No. L-24997 July 18, 1968 - PHIL. NATIONAL BANK v. TERESITA OSETE, ET AL

  • G.R. No. L-21027 July 20, 1968 - JUAN GUTIERREZ, ET AL. v. LUCIANO T. CRUZ, ET AL.

  • G.R. No. L-22002 July 20, 1968 - CANUTO A. LIM, ET AL. v. TOMAS V. SABARRE

  • G.R. No. L-24099 July 20, 1968 - CLOTILDE CORREOS, ET AL. v. LADISLAO VALENZUELA Y PEREZ, ET AL

  • G.R. No. L-24951 July 20, 1968 - IN RE: JOSE CHUA CHU v. REPUBLIC OF THE PHIL.

  • G.R. No. L-26197 July 20, 1968 - ADELO C. RIVERA v. SAN MIGUEL BREWERY CORP., INC.

  • G.R. No. L-18598 July 23, 1968 - TAN GUAN v. HON. MARIANO NABLE, ET AL

  • G.R. No. L-22682 July 23, 1968 - GORGONIO PABILING v. ISIDORO PARINACIO, ET AL

  • G.R. No. L-23796 July 23, 1968 - LOURDES P. SAN DIEGO, ET AL v. HON. FERNANDO HERNANDEZ, ET AL

  • G.R. No. L-23934 July 25, 1968 - HIDPION P. DEL ROSARIO, ET AL v. ABELARDO SUBIDO, ET AL

  • G.R. No. L-26353 July 29, 1968 - PERLA C. PACURSA v. SIMEON DEL ROSARIO, ET AL

  • G.R. No. L-26568 July 29, 1968 - PEOPLE OF THE PHIL. v. DIEGO MALILLOS

  • G.R. No. L-28842 July 29, 1968 - FAUSTINO CORTEZ v. HON. ONOFRE VILLALUZ, ET AL

  • G.R. No. L-24955 July 29, 1968 - AMERICAN INSURANCE COMP. v. REPUBLIC OF THE PHIL., ET AL

  • G.R. No. L-24566 July 29, 1968 - ACCFA v. ALPHA INSURANCE & SURETY CO., INC., ET AL

  • G.R. No. L-24576 July 29, 1968 - MARTINIANO P. VIVO, ET AL v. HON. AGUSTIN P. MONTESA, ET AL

  • G.R. Nos. L-24444-45 July 29, 1968 - PEOPLE OF THE PHIL. v. ROMEO DORIQUEZ

  • G.R. No. L-24396 July 29, 1968 - SANTIAGO P. ALALAYAN, ET AL. v. NATIONAL POWER CORPORATION, ET AL

  • G.R. No. L-24072 July 29, 1968 - ANTONIO MA. CUI, ET AL v. COURT OF APPEALS, ET AL

  • G.R. Nos. L-24020-21 July 29, 1968 - FLORENCIO REYES, ET AL v. COMMISSIONER OF INTERNAL REVENUE, ET AL

  • G.R. No. L-19852 July 29, 1968 - PEOPLE OF THE PHIL. v. MANSUETO JAMERO, ET AL

  • G.R. No. L-23133 July 29, 1968 - VICENTE S. DEL ROSARIO, ET AL v. COURT OF INDUSTRIAL RELATIONS, ET AL

  • G.R. No. L-23606 July 29, 1968 - ALHAMBRA CIGAR & CIGARETTE MANUFACTURING CO., INC. v. SECURITIES & EXCHANGE COMMISSION

  • G.R. No. L-20158 July 29, 1968 - CANDELARIO ALMENDRAS, ET AL v. AMADO DEL ROSARIO, ET AL

  • G.R. No. L-21059 July 29, 1968 - DIRECTOR OF LANDS v. COURT OF APPEALS, ET AL

  • G.R. No. L-22320 July 29, 1968 - MERCEDES RUTH COBB-PEREZ, ET AL v. HON. GREGORIO LANTIN, ET AL

  • G.R. No. L-20619 July 29, 1968 - REPARATIONS COMMISSION, ET AL v. HON. JUDGE HIGINIO B. MACADAEG, ET AL

  • G.R. No. L-20794 July 29, 1968 - DY EN SIU CO, ET AL v. LOCAL CIVIL REGISTRAR OF THE CITY OF MANILA, ET AL

  • G.R. No. L-23919 July 29, 1968 - REPUBLIC OF THE PHIL. v. HON. GUILLERMO S. SANTOS, ET AL

  • G.R. No. L-24984 July 29, 1968 - PHIL. COMM., ELEC. & ELECTRICITY WORKERS’ FED., ET AL v. HON. JUDGE RAMON O. NOLASCO, ET AL

  • G.R. No. L-24388 July 29, 1968 - REGAL MANUFACTURING EMP., ASSO., ET AL v. HON. ANDRES REYES, ET AL.

  • G.R. No. L-27741 July 29, 1968 - R.B. INDUSTRIAL DEV. CO., LTD., ET AL v. HON. MANUEL LOPEZ ENAGE, ET AL

  • G.R. No. L-28524 July 29, 1968 - ERNESTO NAVARRO, ET AL v. HON. TITO V. TIZON, ET AL

  • G.R. No. L-24348 July 30, 1968 - FELICIDAD VIERNEZA v. COMMISSIONER OF CUSTOMS

  • G.R. No. L-22304 July 30, 1968 - SAMAR MINING CO., INC. v. FRANCISCO P. ARNADO, ET AL

  • G.R. No. L-22159 July 31, 1968 - EMILIANO CASTRO, JR. v. COURT OF APPEALS, ET AL

  • G.R. No. L-24472 July 31, 1968 - PHIL. RABBIT BUS LINES, INC. v. PROSPERO GABATIN, ET AL

  • G.R. No. L-24924 July 31, 1968 - CRESENCIA ANTONEL, ET AL v. LAND TENURE ADMI., ET AL

  • G.R. No. L-26192 July 31, 1968 - PEOPLE OF THE PHIL. v. LORENZO MANA-AY, ET AL

  • G.R. No. L-24414 July 31, 1968 - DIONICIA J. CID, ET AL v. NANCY W. BURNAMAN, ET AL

  • G.R. No. L-22663 July 31, 1968 - HOC HUAT TRADING, ET AL v. HON. GUILLERMO S. SANTOS, ET AL

  • G.R. No. L-23245 July 31, 1968 - JUANITA RIVERA v. SILVINO CURAMEN

  • G.R. No. L-23491 July 31, 1968 - TAURUS TAXI CO., INC., ET AL v. CAPITAL INSURANCE & SURETY CO., INC.

  • G.R. No. L-24140 July 31, 1968 - VICENTE ARRIETA v. MALAYAN SAWMILL COMPANY, ET AL

  • G.R. No. L-24557 July 31, 1968 - CITY OF MANILA v. TARLAC DEVELOPMENT CORPORATION, ET AL

  • G.R. No. L-24668 July 31, 1968 - ANDRES LAPITAN v. SCANDIA INC., ET AL

  • G.R. No. L-24987 July 31, 1968 - CENTRAL AZUCARERA DON PEDRO v. WORKMEN’S COMPENSATION COM., ET AL

  • G.R. No. L-25550 July 31, 1968 - PLARIDEL SURETY & INS. CO., v. HON. W. DE LOS ANGELES, ET AL

  • G.R. No. L-27072 July 31, 1968 - SURIGAO MINERAL RESERVATION BOARD, ET AL v. HON. GAUDENCIO CLORIBEL, ET AL

  • G.R. No. L-26082 July 31, 1968 - NORBERTO DE LA REA v. HON. ABELARDO SUBIDO, ET AL

  • G.R. No. L-27084 July 31, 1968 - ANGELA ESTATE, INC., ET AL v. CFI NEGROS OCCI., ET AL

  • G.R. No. L-22542 July 31, 1968 - LUZON STEVEDORING CORPORATION v. SALVADOR CELORIO, ET AL

  • A.C. No. 122-J July 31, 1968 - NICOLAS SUPERABLE, JR. v. HON. GODOFREDO ESCALONA

  • G.R. No. L-13938 July 31, 1968 - PEDRO BUTIONG v. SURIGAO CONSOLIDATED MINING CO. INC.

  • G.R. No. L-22577 July 31, 1968 - BENJAMIN WENCESLAO, ET AL. v. CARMEN ZARAGOZA, INC.

  • G.R. No. L-23261 July 31, 1968 - ERNESTO VELUZ v. SOCORRO VELUZ, ET AL.

  • G.R. No. L-23689 July 31, 1968 - MAYO LOPEZ CARILLO, ET AL v. ALLIED WORKER’S ASSO. OF THE PHIL., ET AL

  • G.R. No. L-24514 July 31, 1968 - SAURA IMPORT & EXPORT CO., INC., ET AL v. JUDGE ARSENIO SOLIDUM, ET AL