GREGO V COMELEC
FACTS
Basco was removed from his position as Deputy Sheriff by the SC upon finding of serious misconduct, for the second time, in an administrative complaint lodged by Nena Tordesillas. His retirement benefits were forfeited and the decision of the court included this statement: “with prejudice to reinstatement to any position in the national or local government, including its agencies and instrumentalities or GOCCs. In 1988, he ran as a candidate for Councilor in Manila and won.
He sought re-election in 1992 and won again. However, his victory was contested. Another candidate alleged his ineligibility to be elected on the basis of the Tordesillas ruling. This was dismissed.
Basco, for the third time, ran again for councilor in 1995. His right to office was contested by Grego who filed a petition for disqualification against Basco and prayed for the suspension of Basco’s proclamation and Maranan’s declaration as the city’s 6th duly elected councilor. The COMELEC conducted a hearing of the case.
Before the parties were able to submit their respective memoranda, the Board of Canvassers proclaimed Basco as a duly elected councilor for the Second District of Manila (6th place.) Due to the said proclamation, Grego filed an urgent motion seeking to annul what he considered to be an illegal and hasty proclamation. COMELEC’s first division dismissed the petion for disqualification ruling that the administrative penalty imposed by the SC on Basco was wiped away and condoned by the electorate which elected him. COMELEC en banc dismissed Grego’s MR.
ISSUE
Whether the Tordesilla’s decision barred Basco from running for any elective position.
HELD
NO. Under the former Civil Service Decree, the law applicable at the time Basco, a public officer, was administratively dismissed from office, the term “reinstatement” had a technical meaning, referring only to an appointive position. Reinstatement is the reappointment of a person who was previously separated from the service through no delinquency or misconduct on his part from a position in the career service to which he was permanently appointed, to a position for which he is qualified.
In light of this definition, there is no basis for holding that Basco is likewise barred from running for an elective position inasmuch as what is contemplated by the prohibition in Tordesillas is reinstatement to an appointive position.
