BONAFE V. ZUBANO
FACTS
Petitioner, a policeman of Malilipot, Albay, was suspended by respondent Mayor Marciano Bitara because of four criminal cases filed against him in the Municipal Court of Tabaco, Albay, to wit: assault upon an agent (another policeman) of a person in authority with homicide less serious physical injuries thru reckless imprudence; illegal passion of firearms and alarm and scandal.
Before the cases could be tried on the merits, the prosecution moved for their provisional dismissal on account of the desistance of the offended parties who had been paid by petitioner. The motion was granted by the court. Petitioner later sought a modicfication of the provisional dismissal to an absolute dismissal, which was also granted by the court.
Petitioner then filed with the CSC a petition for reinstatement and payment of salaries he failed to receive during his suspension invoking Police Act of 1966 which basically says that he is entitled to such when he is acquitted from the criminal case
ISSUE
Whether petitioner is entitled to backwages based on “acquittal”
HELD
NO. Mere dismissal of the case will not suffice to entitle him to backwages. Dismissal does not necessarily amount to acquittal (except in 2 cases: demurrer of evidence and violation of speedy trial.) SC elaborated more on the difference which I’m sure you still remember from crimpro.
Also the petitioner failed to exhaust administrative remedies before seeking judicial relief. His petition for reinstatement was pending in CSC when this case was filed.
