Case Summary (G.R. No. 75025)
Petitioner
Vicente Garcia, summary-dismissed on April 1, 1975 for alleged dishonesty in connection with missing telegraph poles.
Respondents
- Commission on Audit (COA) Chairman
- Minister of Land Transportation and Communications
- Regional Director, Telecom Regional Office No. IV
Key Dates
• April 1, 1975 – Administrative dismissal of petitioner
• January 23, 1980 – Acquittal for qualified theft by the Court of First Instance of Quezon
• August 26, 1981 – Grant of executive clemency (Resolution No. O.P. 1800)
• October 12, 1982 & July 23, 1985 – COA’s denials of back-wages claims
• April 21, 1986 – Presidential denial of appeal
• March 12, 1984 – Actual reinstatement to service
• September 14, 1993 – Supreme Court decision
Applicable Law
1987 Philippine Constitution, Article VII, Section 19 (pardon power); related jurisprudence on executive clemency and back wages recovery.
Administrative and Criminal Proceedings
An administrative case (Adm. Case No. 975) found petitioner guilty of dishonesty and dismissed him in 1975. He did not appeal administratively. A criminal case for qualified theft, based on identical facts, resulted in his acquittal in 1980 on grounds of innocence.
Executive Clemency and Reinstatement
After the Bureau of Telecommunications denied reinstatement, petitioner sought presidential clemency. Acting by the President’s authority, Deputy Executive Assistant Venus granted executive clemency on August 26, 1981, citing the trial court’s finding of innocence and favorable recommendations from the Ministry and the Civil Service Commission. Clemency implicitly directed reinstatement, effected on March 12, 1984.
COA’s Denial of Back Wages
COA denied petitioner’s claim for back wages (April 1, 1975–March 12, 1984) in its 5th Indorsement (Oct. 12, 1982) and Decision No. 362 (July 23, 1985), reasoning that:
a) Clemency was silent on back wages;
b) No service rendered during dismissal (“no work, no pay”);
c) Acquittal did not automatically expunge administrative liability;
d) Failure to appeal administrative decision waived rights.
Presidential Appeal Denial
On April 21, 1986, the Deputy Executive Secretary denied petitioner’s appeal “due to legal and constitutional constraint,” directing that certiorari before the Supreme Court was the proper remedy under Article IX-A, Section 7 of the 1987 Constitution.
Issue on Back Wages
Whether executive clemency based on innocence, coupled with automatic reinstatement, entitles petitioner to full back wages for the entire period of dismissal.
Presidential Clemency Power under 1987 Constitution
Article VII, Section 19 empowers the President to grant reprieves, commutations, and pardons after final conviction, and to remit fines and forfeitures. Such clemency acts as an exercise of executive control to temper justice with mercy.
Effect of a Pardon Based on Innocence
Jurisprudence holds that a pardon grounded on innocence “blots out” guilt and restores the recipient’s status “as if he never committed the offense.” It obliterates both legal penalties and administrative consequences, rendering reinstatement automatic and entitling the individual to all associated rights, including back wages.
Application to the Instant Case
Petitioner’s acquittal on grounds of innocence was the substantive basis for executive clemency. The pardon nullified his administrative dismissal for dishonesty,
...continue readingCase Syllabus (G.R. No. 75025)
Facts of the Case
- Vicente Garcia was Supervising Lineman at the Bureau of Telecommunications, Region IV Station in Lucena City.
- On April 1, 1975, he was summarily dismissed for “dishonesty” in Admin. Case No. 975 involving the loss of telegraph poles on the Sariaya–Lucena City and Mauban–Sampaloc lines.
- Garcia did not appeal the administrative dismissal.
- A criminal case for qualified theft, based on identical facts, was filed in the Court of First Instance of Quezon.
Procedural History
- January 23, 1980: Trial court acquitted Garcia of qualified theft, finding he did not commit the offense.
- April 7, 1980: Bureau of Telecommunications denied his reinstatement request.
- August 26, 1981: Executive clemency granted by Deputy Presidential Executive Assistant via Resolution No. O.P. 1800, following favorable indorsements by the Ministry of Transportation and Communications and the Civil Service Commission.
- October 12, 1982: COA denied Garcia’s first claim for back wages, noting the clemency was silent on back salaries and reinstatement had not yet occurred.
- March 12, 1984: Garcia was recalled to service; official records did not confirm if he resumed his former position.
- July 23, 1985: COA Decision No. 362 denied Garcia’s second back-wages claim, invoking the “no service, no pay” rule and the silence of the clemency on back salaries.
- April 21, 1986: Deputy Executive Secretary Factoran, Jr. denied Garcia’s appeal to the Office of the President, directing him to seek relief via certiorari before the Supreme Court.
- September 14, 1993: Supreme Court resolves the petition on certiorari.
Issue
- Whether, upon reinstatement pursuant to executive clemency, petitioner Vicente Garcia is entitled to full back wages for the period April 1, 1975 to March 12, 1984.
Arguments of the Parties
- Solicitor General:
- The grant of executive cl