Title
Cano vs. Galvante
Case
G.R. No. 139368
Decision Date
Nov 21, 2002
A dismissed police officer sought back salaries after reinstatement, but the Supreme Court denied his claim due to procedural errors, including failure to exhaust administrative remedies and bypassing lower courts.
dismissed police officer
claim back salaries
allowances

Case Summary (G.R. No. 139368)

Factual Background

Petitioner was then a Police Chief Inspector assigned to the Calauan Police Station who became the subject of administrative charges for alleged bungled investigation in the Eileen Sarmenta and Allan Gomez rape-slay. The Chief of the Philippine National Police (PNP) found petitioner administratively guilty and ordered his summary dismissal in a decision dated July 12, 1995. Petitioner was placed under suspension beginning August 7, 1995 pursuant to PNP Special Order No. 1690 dated August 8, 1995.

Administrative Proceedings and NAPOLCOM Ruling

Petitioner appealed his dismissal to the National Appellate Board of the National Police Commission (NAPOLCOM). On May 15, 1997, the NAPOLCOM reversed the PNP Chief's decision, found petitioner administratively liable only for simple misconduct, and imposed suspension for three months, which it considered deemed served because petitioner had been under suspension since August 7, 1995. The NAPOLCOM decision was allowed to become final and executory, and petitioner was restored to full duty status effective May 15, 1997. PNP Special Order No. 1341 reflected his restoration and reinstatement of emoluments pertaining to his post.

Claim for Back Salaries and Administrative Denial

Following the NAPOLCOM modification of the penalty, Petitioner filed a claim for payment of back salaries and allowances allegedly due from August 7, 1995, to May 15, 1997. The PNP Regional Police Comptrollership and Finance Division computed the claim at Three Hundred One Thousand Eighteen Pesos (P 301,018.00). Respondent Police Director Edgar C. Galvante, of the PNP Directorate for Personnel and Records Management, denied the claim on the basis of a Memorandum/Opinion from the PNP Legal Service and rejected petitioner's request for reconsideration.

Trial Court Proceedings and Dismissal

Petitioner instituted a civil action for recovery of back salaries and allowances before the Regional Trial Court, Quezon City. The RTC dismissed the complaint in an order dated May 17, 1999. The trial court concluded that petitioner had not shown a clear and legal right to the claimed back salaries and allowances, that he had failed to exhaust administrative remedies, and that the action was effectively a suit against the government because ultimate liability would fall on the State; the court held that the government could not be sued without its consent. The RTC denied petitioner's motion for reconsideration on July 15, 1999.

Issue Presented on Appeal

The sole issue raised before the Supreme Court was whether Petitioner was entitled to back salaries and allowances under the terms of the NAPOLCOM Appellate Board decision that reduced his penalty from dismissal to suspension.

Jurisdictional and Procedural Characterization by the Supreme Court

The Supreme Court treated the principal issue as a mixed question of fact and law because it required determination of the factual state of petitioner's duty status during the claimed period and the legal import of the NAPOLCOM finding that petitioner was guilty only of simple misconduct. The Court observed that under Section 1 of Rule 45 of the Rules of Court, a petition for review on certiorari to the Supreme Court should raise only questions of law distinctly set forth. The Court held that a matter involving mixed questions of fact and law was not a proper subject for a petition under Rule 45 and thus declined to exercise its certiorari jurisdiction.

Failure to Observe Hierarchy of Courts

The Court further concluded that Petitioner failed without justifiable cause to observe the hierarchy of courts. The Court noted its policy that where concurrent jurisdiction exists with lower tribunals, litigants must respect the appellate ladder and, pursuant to Section 2, Rule 41 of the Rules of Court, the proper appellate remedy from an RTC judgment in the exercise of its original jurisdiction is appeal to the Court of Appeals. The Court cited precedent in support of the prohibition against bypassing the Court of Appeals.

Disposition

Because the petition presented mixed questions of fact and law and because Petitioner failed to observe the prescribed appellate route to the Court of Appeals, the Supreme Court denied the petition for review on certiorari and affirmed the RTC order dismissing Civil Case No. Q-98-36370. The Court made no pronouncement as to costs.

Legal Basis and Reasoning

The Court grounded its denial on two complementary legal bases. First, it applied the textual

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