TAN V OFFICE OF THE PRESIDENT
FACTS
Francisco Tan Jr, petitioner, was dismissed from the service as Fisheries Regional Director on 30 April 1986. He was found guilty of the offense grave misconduct, oppression and violation of the Civil Service Laws by the Minister of Agriculture (MAF).
He appealed to the Civil Service Commission (CSC) but was referred to the Office of the President (OP) for being a Career Executive Officer. The OP set aside the initial decision of the MAF, exonerated Tan of all the charges and ordered the reinstatement of Tan to his former or equivalent position. However, back salaries were not granted to him pursuant to the policy of “no work no pay”.
ISSUE
Whether petitioner is entitled to back salaries.
HELD
YES. It was erroneous for the OP to rely on Sec 42 of PD 807 which does not expressly provide for any payment of back salaries to gov’t officials who were found to be illegally dismissed and were ordered to be reinstated. The provision refers to preventive suspensions during the pendency of investigations and does not cover dismissed civil servants who were later exonerated and ordered reinstatement. This argument finds support in the case of Cristobal vs Melchor which provides that when a gov’t. employee in the classified civil service who had been illegally dismissed and his reinstatement had later been ordered, for all legal purposes he is considered as not having left his office, so that he is entitled to allrights and priveleges that accrue to him by virtue of his office such as back salaries.
