Case Digest (G.R. No. 104639)
Facts:
Province of Camarines Sur v. Court of Appeals and Tito B. Dato, G.R. No. 104639, July 14, 1995, Supreme Court En Banc, Kapunan, J., writing for the Court.Tito B. Dato began service on January 1, 1960 as a Private Agent of Camarines Sur and was promoted on October 12, 1972 to Assistant Provincial Warden. Because he lacked the required civil service eligibility at the time of that appointment, his appointment was treated as temporary and was annually renewed. On January 1, 1974 Governor Alfelor approved a change in Dato’s status from temporary to permanent based on Dato’s representation that he had passed the Supervising Security Guard examination; however, the Civil Service Commission (CSC) did not give full effect to that change, maintaining the appointment as temporary pending validation of eligibility.
On March 16, 1976, Governor Alfelor indefinitely suspended Dato following criminal charges (of connivance/consent to escape of prisoners). Three days later (March 19, 1976), Lope B. Rama, head of the CSC Camarines Sur Unit, sent a communication to the Governor stating that Dato’s Supervising Security Guard eligibility had been released on June 11, 1974, and that the appointment should be “approved anew” as temporary for January 1–June 10, 1974 and as permanent effective June 11, 1974, with records amended accordingly. Meanwhile the Sangguniang Panlalawigan suppressed the appropriation for the Assistant Provincial Warden position and removed Dato from the plantilla.
After Dato was acquitted of the criminal charges, he sought reinstatement and backwages. When reinstatement was denied, he filed a petition for mandamus before the Regional Trial Court (RTC) of Pili, Camarines Sur, Branch 31. On May 31, 1991 the RTC (presided by Judge Ceferino Barcinas) ordered the province to pay Dato five years’ back salaries at P14,532.00 per annum, attorney’s fees of P5,000.00, and costs.
The Province appealed to the Court of Appeals, which on February 20, 1992 affirmed the RTC judgment but modified it by limiting the award to backwages during the entire period of suspension and deleting the award of attorney’s f...(Pro-only)
Issues:
- At the time of his suspension on March 16, 1976, was Tito B. Dato a permanent employee of the Province of Camarines Sur?
- If Dato was not a permanent employee, was the Court of Appeals correct in awarding him backwages for the entire perio...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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