Asto. Adm. No. 743 - Aguirre vs. Ramos

Diosdado Octot was employed as a Security Guard at Regional Health Office No. VII in Cebu City since 1970, earning a salary of P4,632 per annum with an additional monthly cost of living allowance of P50.00.
On October 1, 1975, he was summarily dismissed under Presidential Decree No. 6 and Letters of Instruction Nos. 14 and 14-A aimed at removing “undesirable” government employees, which included those facing criminal charges or with a record of dishonesty, incompetence, or various forms of misconduct under the Civil Service Law.
At the time of his dismissal, Octot was already facing a libel conviction by the Court of First Instance in Cebu, although his appeal was pending before the Court of Appeals.

Believing his dismissal was illegal, Octot continued reporting for work during October 1975.
The respondent, Regional Director Jose R. Ybanez, refused to release his salary and proceeded to delete his name from the office payroll.
Subsequently, Octot was acquitted of the libel charge by the Court of Appeals.

In March 1977, a letter from Mr. Alfredo Imbong was sent to the Undersecretary of Justice seeking the petitioner’s reinstatement. This letter was forwarded through proper channels to the Secretary of Health and thereafter to the Regional Health Office.
Dr. Felicito Aniceto, Officer-in-Charge of the Regional Health Office, favorably recommended Octot’s reinstatement based on his acquittal and satisfactory performance rating.
The petitioner’s case was further acted upon by the Presidential Executive Assistant, with reference to LOI No. 647 dated December 27, 1977, indicating that his reinstatement could be processed.
Despite receiving the necessary papers in May 1978 and a subsequent letter on June 6, 1978, Octot failed to appear promptly for the reappointment process.

The Court, in a January 29, 1979 resolution, directed the respondents to immediately reinstate Octot, a directive complied with when he was reappointed and his appointment was attested by the Civil Service Commission on May 23, 1979.
Octot reported for duty on June 11, 1979.
The remaining issue before the Court was whether Octot was entitled to back wages from the date of his dismissal until reinstatement, as well as additional damages.

Whether the petitioner is entitled to back wages from the time of his dismissal in October 1975 until his reinstatement in 1979.
Whether the petitioner can claim compensatory, moral, and exemplary damages arising from his prolonged removal from service.
Whether the actions taken by the respondents in dismissing and later reinstating the petitioner were motivated by bad faith or constituted grave abuse of discretion.