G.R. No. 87687 December 26, 1989
ISABELO T. SABELLO, petitioner, vs. DEPARTMENT OF EDUCATION, CULTURE AND SPORTS, respondents.

FACTS

Petitioner Isabelo T. Sabello was an Elementary School Principal and Assistant Principal of a barangay high school in Gingoog City. A local barrio council allocated a portion of presidential aid funds to cover teacher salaries for the financially struggling high school, authorizing Sabello to withdraw and deposit the amount with the City Treasurer. This act, involving technical irregularities in the disbursement of public funds, led to his conviction for violating Republic Act 3019, along with the barrio captain. Sabello served his sentence. He was later granted an absolute pardon by the President, which restored his full civil and political rights. Following the pardon, he applied for reinstatement to government service.
The Department of Education, Culture and Sports (DECS) reinstated Sabello, but only to the lower position of a classroom teacher, not to his former position as Elementary School Principal I. Sabello, acting as a non-lawyer due to poverty, filed this petition seeking reinstatement to his former rank, continuity of government service, back salaries, restoration of service credits, and other benefits. The Solicitor General argued there was no justiciable controversy, framing the issue as a discretionary matter of reappointment for the appointing authority.

ISSUE

Whether the petitioner, having been granted an absolute pardon after conviction, is entitled to reinstatement to his former position of Elementary School Principal I, and to the ancillary benefits of back salaries and continuous service.

RULING

The Supreme Court granted the petition in part. It first held that a justiciable controversy exists, as the petition presents a concrete dispute over the legal effects of an absolute pardon on reinstatement rights, requiring specific affirmative relief. The Court disregarded technicalities, such as the exhaustion of administrative remedies and the non-suability of the DECS, treating the suit as one against its officials and considering the petitioner’s pro se status due to poverty.
On the merits, the Court, citing Monsanto vs. Factoran, Jr., ruled that while an absolute pardon removes all penalties and legal disabilities from a convict and restores civil rights, including eligibility for public office, it does not automatically entitle the grantee to reinstatement to a former position. Reappointment remains necessary. However, under the specific circumstances, where the petitioner was reinstated but to a demoted position (classroom teacher) without any justifying circumstances for the diminution in rank, basic fairness and equity demanded that he be reappointed to his former position of Elementary School Principal I or its equivalent.
The Court denied the ancillary prayers for back salaries and for declaring his government service continuous from 1948. Following Monsanto, a person lawfully separated due to conviction is not entitled to back wages upon reinstatement following a pardon; such compensation is reserved for those illegally dismissed. His service record could not be deemed continuous, as his separation was valid. Nonetheless, upon his eventual retirement, his benefits should be computed based on the rank of Elementary School Principal I. The DECS Secretary was directed to effect his appointment to the proper position.