G.R. No. L-23458 May 4, 1968
NATIONAL SHIPYARDS AND STEEL CORPORATION, petitioner, vs. NATIONAL SHIPYARDS EMPLOYEES AND WORKERS ASSOCIATION and COURT OF INDUSTRIAL RELATIONS, respondents.

FACTS

The case originated from a strike staged by the respondent Union on November 5, 1956. After the President certified the labor dispute, petitioner NASSCO filed a petition (Case No. 12-IPA) with the Court of Industrial Relations (CIR). The parties reached a partial settlement, which included the reinstatement of union president Melanio S. Capellan with backwages. This agreement was embodied in a partial decision dated July 29, 1957. The Union later moved for Capellan’s reinstatement and for contempt due to NASSCO’s refusal. On November 13, 1958, the CIR ordered Capellan’s reinstatement and payment of his backwages. However, on May 30, 1959, the CIR denied the motion for contempt, finding NASSCO’s refusal justified because Capellan had been convicted of slight physical injuries with a 20-day imprisonment penalty by the Court of First Instance of Bataan, which conviction became final in June 1959. On July 6, 1959, the CIR ordered NASSCO to pay Capellan’s backwages only up to May 30, 1959, which NASSCO complied with. On March 1, 1963, the President granted Capellan an “absolute and unconditional pardon” and restored his “full civil and political rights.” Capellan moved for reinstatement with backwages, which was denied on September 12, 1963. On December 29, 1963, the Union filed an urgent motion for execution of the November 13, 1958 order. On May 23, 1964, the CIR granted the motion, ordering Capellan’s reinstatement with backwages from March 1, 1963 until actual reinstatement, affirmed en banc on June 29, 1964. NASSCO petitioned for review.

ISSUE

1. Whether the CIR erred in issuing an alias writ of execution for the November 13, 1958 order, which it alleged was modified by the subsequent orders of May 30, 1959 and July 6, 1959.
2. Whether the absolute pardon granted to Capellan restored his right to the office (employment) forfeited due to his conviction.

RULING

1. No. The CIR did not err. The orders of May 30, 1959 and July 6, 1959 did not modify or alter the order of November 13, 1958. The May 30, 1959 order pertained to the denial of the motion for contempt, finding NASSCO’s refusal to reinstate justified. The July 6, 1959 order resolved that Capellan’s loss of right to reinstatement did not include loss of backwages and ordered payment only up to May 30, 1959. The reinstatement order of November 13, 1958 remained unmodified.
2. Yes, the pardon restored his right. Capellan’s conviction for slight physical injuries carried the accessory penalty of suspension of the right to hold office during the term of the sentence (20 days), not forfeiture of office. Upon serving the sentence, the suspension was lifted. The presidential pardon, which restored his full civil and political rights, erased all doubts as to his reinstatement, as it expressly included the restoration of his right to hold office. The limitations on pardon regarding restoration of forfeited offices cited by petitioner do not apply, as this case involved a suspended right, not a forfeited office. The order and resolution under review were affirmed.