Case Summary (G.R. No. 211362)
Dismissal and Background
Petitioner Diosdado Octot had been employed as a Security Guard since 1970 and was earning an annual salary of P4,632, supplemented by a monthly cost of living allowance of P50. His summary dismissal on October 1, 1975, was sanctioned under Presidential Decree No. 6 and Letters of Instruction Nos. 14 and 14-A, which aimed to purge undesirable government officials and employees facing charges or deemed notoriously undesirable due to misconduct. Notably, Octot had been convicted of libel but had pending an appeal with the Court of Appeals at the time of his dismissal.
Actions Taken Post-Dismissal
Despite his dismissal, Octot maintained his presence at work throughout October 1975, although he was informed that his salary would not be released, and his name was deleted from the payroll. Subsequently, he was acquitted of the libel charges, spurring efforts for his reinstatement. Notably, a letter written by Mr. Alfredo Imbong to the Undersecretary of Justice in 1977 requested assistance in reinstating Octot. This letter was taken up favorably by Dr. Felicito Aniceto, the Officer-in-Charge of the Regional Health Office, recommending reinstatement based on Octot's acquittal and satisfactory performance.
Government Response and Reinstatement Process
The internal deliberations between the Secretary of Health and other government officials, including the Presidential Executive Assistant, led to a recommendation for Octot’s reinstatement. However, this process was affected by the provisions of Letters of Instruction No. 647, which did not authorize back salaries for reinstated employees. After several communications and Octot’s failure to appear for necessary actions related to his reinstatement, a formal petition for mandamus was initiated, praying for his return to service, back salaries, and damages.
Court's Authorization for Reinstatement
The court recognized that Octot's right to reinstatement was not disputed, as officials were willing to restore him after his acquittal. The resolution dated January 29, 1979, directed the respondents to reinstate Octot, which was acted upon leading to his reappointment and resumption of duty on June 11, 1979. The main issue for the court to resolve was whether Octot was entitled to backwages from his dismissal in 1975 until his reinstatement.
Denial of Backwages and Damages
The court found that there was no evidence of bad faith or grave abuse of discretion exhibited by the respondents in the dismissal of Octot. The dismissal was executed in compliance with Presidential Decree No. 6, aiming to uphold the integrity of government service. Thus, an absence of malicious intent precluded Octot's entitlement to back wages and damages. Furthermore, any delays in his reinstatement were attributed to Octot's negligence rather than any fault of the respondents.
Conclusions on Moral and Exemplary Damages
The court also addressed claims for moral and exemplary damages, c
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Case Overview
- The petitioner, Diosdado Octot, sought a writ of mandamus for his reinstatement as a Security Guard at the Regional Health Office No. VII, Cebu City, following his dismissal as "notoriously undesirable."
- Octot had been employed since 1970, with a salary of P4,632 per annum, plus a monthly cost of living allowance of P50.00.
- His dismissal occurred on October 1, 1975, following guidelines from P.D. No. 6 and LOI Nos. 14 and 14-A aimed at eliminating undesirable government employees.
Background of Dismissal
- Octot was dismissed based on a conviction for libel, although he had appealed this conviction.
- After dismissal, he continued reporting for work but was denied salary and removed from the payroll.
- He was acquitted of the libel charge by the Court of Appeals, prompting a request for reinstatement.
Requests for Reinstatement
- A letter from Alfredo Imbong to the Undersecretary of Justice in 1977 sought assistance for Octot's reinstatement.
- Various officials, including the Officer-in-Charge of the Regional Health Office, recommended reinstatement based on his acquittal and positive perform