Case Digest (G.R. No. 131012) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Gloria v. Court of Appeals, public school teachers Amparo A. Abad, Virgilia M. Bandigas, Elizabeth A. Somebang, and Nicanor Margallo (respondents) were charged and preventively suspended in September and October 1990 for their absence without leave during an unlawful teachers’ strike. The Department of Education, Culture, and Sports (DECS), through Secretary Ricardo T. Gloria (petitioner), filed administrative charges alleging grave misconduct, neglect of duty, refusal to perform official duties, gross insubordination, and related offenses. Respondent Margallo was dismissed effective October 29, 1990, while Abad, Bandigas, and Somebang were suspended for six months effective December 4, 1990. Margallo’s penalty was reduced to a six-month suspension by the Merit Systems and Protection Board (MSPB) and affirmed by the Civil Service Commission (CSC); the other three failed to perfect their appeal to the MSPB but, on CSC review, had their penalty reduced to a reprimand and were o Case Digest (G.R. No. 131012) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Background and Parties
- Petitioner: Hon. Ricardo T. Gloria, Secretary of the Department of Education, Culture, and Sports (DECS).
- Respondents: Public school teachers Amparo A. Abad, Virgilia M. Bandigas, Elizabeth A. Somebang, and Nicanor Margallo.
- Chronology of Administrative Proceedings
- September–October 1990: During illegal teachers’ strikes, respondents did not report for work; DECS charged them with grave misconduct, neglect of duty, civil service violations, insubordination, AWOL, etc., and placed them under preventive suspension.
- Investigation and Penalties: Margallo dismissed eff. October 29, 1990; Abad, Bandigas, Somebang suspended six months eff. December 4, 1990.
- Appeals: MSPB reduced Margallo’s dismissal to six-month suspension; CSC further found all four guilty only of reasonable office rule violations, reduced penalty to reprimand, and ordered reinstatement.
- Court of Appeals (Sept 3, 1996): Affirmed CSC for Abad, Bandigas, Somebang; reversed suspension of Margallo to reprimand. (July 15 & Oct 6, 1997) Amended decision to grant respondents back salaries for suspension beyond the 90-day preventive period.
- Secretary Gloria’s motions for reconsideration denied; petition for review on certiorari filed with the Supreme Court.
Issues:
- Entitlement to Back Salaries
- Does an employee preventively suspended pending investigation but later exonerated have a right to back pay?
- Does an employee preventively suspended pending appeal (beyond 90 days) and later exonerated have a right to back pay?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)