Case Digest (G.R. No. 18637)
Facts:
On August 14, 1950, Ceferino Noromor was appointed as a member of the police force of Oras, Samar, with an annual salary of P540. His appointment was sanctioned by Mayor Florentino P. Lomuntad, and Noromor took the necessary oath of office on August 15, 1950. However, on December 11, 1950, he faced criminal charges for frustrated murder, leading to his suspension from office on January 16, 1951. In light of the suspension, the municipal treasurer ceased his salary payments from that date onward. Noromor was subsequently found guilty of less serious physical injuries but appealed his case, resulting in his acquittal by the Court of Appeals on July 16, 1954. The previous conviction was overturned, and the court ordered costs de oficio. Following his acquittal, Noromor was reinstated to his position on September 1, 1954, and took another oath of office.
Noromor demanded back payment of his salary for the period of suspension, which amounted to P1,957.50 at the rate of P45.00 per m
Case Digest (G.R. No. 18637)
Facts:
- Appointment and Commencement of Service
- On August 14, 1950, Ceferino Noromor was appointed as a member of the police force of Oras, Samar with an annual salary of P540.00 by Mayor Florentino P. Lomuntad.
- He assumed the position officially by taking the oath of office on August 15, 1950.
- Criminal Charge and Suspension
- On December 11, 1950, Noromor was charged by the fiscal with frustrated murder in Criminal Case No. 1272 before the Court of First Instance of Samar.
- As a result of the charge, he was suspended from his position on January 16, 1951, and consequently, the municipal treasurer halted his salary payments from that date.
- Judicial Proceedings and Subsequent Acquittal
- Noromor was later tried for a lesser offense—less serious physical injuries—and he subsequently appealed the initial verdict to the Court of Appeals.
- On July 16, 1954, the Court of Appeals reversed the decision of the lower court by acquitting him of the charged offense, including an order for de oficio costs.
- Reinstatement and Demand for Back Salary
- Following his acquittal, the then-mayor of Oras reinstated him to his position on September 1, 1954, after which Noromor again took his oath of office.
- Noromor demanded payment for his omitted salary during his suspension period, covering January 16, 1951 to August 31, 1954, amounting to P45.00 per month or a total of P1,957.50.
- The demand was favorably endorsed by the mayor and forwarded to the municipal treasurer, who prepared the corresponding voucher; however, payment could not be effected due to the absence of the necessary budget appropriation.
- Petition for Mandamus
- Noromor filed a petition for mandamus with the Court of First Instance of Samar.
- The petition sought an order directing the respondents—including the new mayor of Oras and members of the incumbent municipal board (including the municipal treasurer)—to approve a supplemental budget to appropriate the necessary funds for the payment of the owed salary, along with any other just and equitable relief.
- Respondents’ Defense and Issues Raised
- The respondents maintained that Noromor was not reinstated but merely reappointed to his former position as policeman after his acquittal.
- They further argued that his claim to the unpaid salary was barred on the basis that he was a civil service non-eligible and that Republic Act No. 557, which he invoked for his salary claim, applies only to civil service eligible policemen.
- Decision of the Lower Court
- After trial, the lower court ordered the payment of P1,957.50 to Noromor and compelled the municipal board to immediately convene a special session to appropriate the necessary funds for the payment.
- No costs were awarded to the petitioner.
- Statutory Basis and Legal Provision
- Section 4 of Republic Act No. 557 was central to the case. The provision states that, when a member of the provincial, city, or municipal police is charged with a felony or violation of law, the immediate suspension is mandated, and in the case of acquittal, the accused is entitled to the payment of the entire salary missed during the suspension.
- The law appears mandatory in its language, clearly providing restitution of salary on acquittal.
- Central Legal Controversy
- The main thrust of the appeal was to determine whether the statutory right to salary payment during suspension applies irrespective of the petitioner’s civil service eligibility status.
- Additionally, the issue of whether his appointment—despite being questioned on eligibility grounds—affected his rightful claim to the withheld salary was also raised.
- Final Judicial Determination
- The appellate court reviewed the statutory provision and concluded that the eligibility requirement was immaterial to the entitlement of payment for the salary withheld during the suspension.
- The record confirmed that had Noromor not been suspended, he would have duly received his salary, thus reinforcing that the law’s protection was applicable regardless of his civil service status.
Issues:
- Whether Ceferino Noromor is entitled to receive payment of the entire salary withheld during his suspension under Republic Act No. 557, despite being a civil service non-eligible.
- Whether the petitioner’s claim for salary payment during his suspension should be sustained on the basis that the statutory provision mandates payment upon acquittal, irrespective of any technicalities concerning eligibility or limitations of reappointment.
- Whether the lack of the necessary appropriations in the municipal budget can be overridden by a mandamus order compelling the municipal board to allocate funds for the salary arrears.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)