Case Digest (G.R. No. 199199) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Vicente Garcia v. Commission on Audit, petitioner Vicente Garcia, a Supervising Lineman of the Bureau of Telecommunications in Lucena City, Region IV, was summarily dismissed on April 1, 1975 by the Ministry of Public Works, Transportation and Communications in Administrative Case No. 975 on the ground of dishonesty for the alleged loss of several telegraph poles on the Sariaya–Lucena City and Mauban–Sampaloc lines. He did not appeal that decision. Based on identical facts, he was charged with qualified theft before the Court of First Instance of Quezon and on January 23, 1980 was acquitted because he had not committed the offense. When his request for reinstatement was denied by the Bureau of Telecommunications on April 7, 1980, Garcia sought executive clemency. Pursuant to favorable recommendations by the Ministry of Transportation and Communications and the Civil Service Commission, Deputy Presidential Executive Assistant Joaquin T. Venus, Jr., acting under presidential au... Case Digest (G.R. No. 199199) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and administrative dismissal
- Vicente Garcia, Supervising Lineman, Bureau of Telecommunications, Region IV (Lucena City).
- Summarily dismissed on April 1, 1975 for dishonesty (loss of telegraph poles) via Adm. Case No. 975.
- Criminal acquittal and clemency
- Criminal case for qualified theft filed on same facts; acquitted January 23, 1980 by Court of First Instance.
- Reinstatement request denied April 7, 1980; executive clemency granted August 26, 1981 by Resolution No. O.P. 1800.
- Back wages claim and COA proceedings
- Claim filed with COA for back salaries from April 1, 1975; denied October 12, 1982 (clemency silent on pay, no reinstatement).
- Reinstated March 12, 1984 (records silent on position); new claim denied July 23, 1985 (no service, no pay).
- Administrative appeal and SC petition
- Appeal to the Office of the President denied April 21, 1986 (SC proper forum under Const. Art. IX-A, Sec. 7).
- Petition for certiorari filed with SC; Solicitor General supports back wages; COA opposes (administrative liability, waiver, no service).
Issues:
- Reinstatement by clemency
- Whether executive clemency grounded on innocence effects automatic reinstatement.
- Back wages entitlement
- Whether petitioner is entitled to full back wages from April 1, 1975 to March 12, 1984.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)