G.R. No. 104639 - Province of Camarines Sur vs. Court of Appeals

On January 1, 1960, Tito B. Dato was appointed as Private Agent by the Governor of Camarines Sur, Apolonio Maleniza.
On October 12, 1972, he was promoted as Assistant Provincial Warden by then Governor Felix Alfelor, Sr.
At the time of his promotion, Dato lacked the required civil service eligibility for the position of Assistant Provincial Warden. Consequently, his appointment was temporary and renewed annually.

Attempted Change of Employment Status and Civil Service Commission (CSC) Action

On January 1, 1974, Governor Alfelor approved changing Dato’s employment status from temporary to permanent based on Dato’s representation that he had passed the civil service examination for Supervising Security Guard.
The CSC did not approve the change to permanent status, reasoning that Dato did not possess the necessary civil service eligibility for the position; thus, his appointment remained temporary.
No other appointments were extended to Dato following this.

On March 16, 1976, Governor Alfelor indefinitely suspended Tito Dato after criminal charges alleging connivance in prisoners’ evasion of sentence were filed against him.
On March 19, 1976, Lope B. Rama, head of the Camarines Sur CSC Unit, wrote the Governor notifying that Dato’s employment status had been changed from temporary to permanent retroactive to June 11, 1974, the date the examination results were released.
During this time, the Sangguniang Panlalawigan deleted Dato’s position from the budget and plantilla.

Dato was subsequently acquitted of the criminal charges.
He requested reinstatement and backwages from the Governor but was ignored.
Dato filed an action for mandamus before the Regional Trial Court (RTC) of Pili, Camarines Sur.

On May 31, 1991, the RTC ordered the Province to pay Dato back salaries equivalent to five years without deduction, attorney’s fees, and costs.
The Province appealed to the Court of Appeals (CA), which, on February 20, 1992, affirmed the RTC decision with modifications:

Payment of backwages was limited as appropriate only for the period of suspension.
Attorney’s fees award was deleted.
Costs of suit were imposed on the Province.

Whether or not Tito B. Dato was a permanent employee of the Province of Camarines Sur at the time he was suspended on March 16, 1976.

Whether the letter dated March 19, 1976, from the CSC unit head effectively changed Dato’s employment status retroactively from temporary to permanent.

Whether Dato is entitled to reinstatement and backwages for the entire period of suspension.