GR 40224; (September, 1980) (Digest)
G.R. No. L-40224 September 23, 1980
FRANCISCO C. TOBIAS, petitioner, vs. HON. CASTRENSE C. VELOSO, Judge, CFI of Iloilo, Br. III & TOMAS C. LUJAN, respondents.
FACTS
Tomas C. Lujan, Chief of Police of Cabatuan, Iloilo, was suspended from office on December 20, 1972, following administrative charges filed by Mayor Francisco C. Tobias before the National Police Commission (NAPOLCOM). In one case, Lujan was found not liable for bribery but was reprimanded for improper conduct; in another, he was exonerated. His suspension was lifted on October 2, 1973. Upon reinstatement, Lujan sought payment of his back salaries. The Municipal Council passed a resolution authorizing payment, but Mayor Tobias withheld approval, pending an official opinion from NAPOLCOM on whether a reprimand precluded entitlement to back salaries. Lujan subsequently filed a mandamus petition to compel the Mayor to approve his salary voucher.
ISSUE
The primary issue is whether a public officer who was suspended and later meted a reprimand, but not exonerated, is entitled to payment of back salaries for the period of suspension, and whether mandamus lies to compel the local chief executive to approve the corresponding voucher.
RULING
The Supreme Court reversed the trial court’s grant of the writ of mandamus. The legal logic is anchored on the interpretation of civil service and police laws governing payment of back salaries after administrative suspension. The Court held that under the governing statutes and jurisprudence, payment of back salaries is allowed only if the suspended officer is fully exonerated of the charges. A reprimand is a punitive sanction that implies guilt, not exoneration. Since Lujan was found guilty and reprimanded, he was not entitled to back salaries for the suspension period. Consequently, Mayor Tobias had no clear ministerial duty to approve the salary voucher; his act of withholding approval pending a higher administrative ruling was a proper exercise of discretion to ensure the legality of the disbursement of public funds. Mandamus does not lie to compel an act which is not legally required. However, the Court upheld the Mayor’s counterclaim, ordering Lujan to pay the municipality P2,000.00 as the value of a lost service pistol and a P40.00 administrative fine, based on the Auditor General’s finding of negligence.