G.R. No. L-26082, L-27246, L-27248 November 29, 1968
NORBERTO DE LA REA, petitioner-appellee, vs. HON. ABELARDO SUBIDO, in his capacity as Civil Service Commissioner, and HON. JOSE D. CALDERON, General Manager, National Marketing Corporation, respondents-appellants. (Consolidated with G.R. No. L-27246 and G.R. No. L-27248)

FACTS

This is a resolution on motions for reconsideration and clarification following an amended decision. Norberto de la Rea was appointed as Auditor (Corporate Auditor) of the National Marketing Corporation (NAMARCO). The Civil Service Commissioner disapproved this promotional appointment. The Court previously ruled that de la Rea was entitled to a salary of P15,600 per annum for services rendered as NAMARCO Auditor prior to the disapproval’s effectivity, and to a salary of P11,400 per annum (the old rate for City Auditor of Pasay City) after the disapproval, as he was deemed to have reverted to that former position. De la Rea filed a second motion for clarification and reconsideration, raising several points: (1) his NAMARCO salary should be increased to P16,200 per annum retroactive to July 1, 1964, because the Assistant General Manager’s salary (to which the Auditor’s salary is equal by law) was increased; (2) his Pasay City Auditor salary should be adjusted to P15,000 per annum retroactive to July 1, 1965 per Republic Act 4477; (3) any refund of excess salary should be made on a bi-monthly basis; (4) he is entitled to back salaries from March 8, 1967, until reinstatement, minus a six-month suspension penalty; and (5) he should be immediately reinstated as City Auditor of Pasay City. The Auditor General and the Civil Service Commissioner also filed a motion for reconsideration, arguing: (a) de la Rea must first serve his six-month suspension; (b) he was kept out of service by a Court-issued preliminary injunction, not by the Commissioner’s orders; and (c) he abandoned his Pasay City position by refusing to accept the Commissioner’s ruling.

ISSUE

The issues for resolution are: (1) whether de la Rea is entitled to the increased salaries for the NAMARCO Auditor and Pasay City Auditor positions; (2) whether the refund of excess salary should be made in lump sum or bi-monthly; (3) whether de la Rea is entitled to back salaries for the period he was out of service; (4) whether de la Rea should be immediately reinstated as City Auditor of Pasay City; (5) whether de la Rea must first serve his six-month suspension; (6) whether de la Rea was kept out of service by the Court’s injunction or the Commissioner’s orders; and (7) whether de la Rea abandoned his position as City Auditor of Pasay City.

RULING

The Court denied both motions. (1) De la Rea is not entitled to the increased salaries. An increase in the salary of the Assistant General Manager of NAMARCO did not automatically increase the Auditor’s salary; a new appointment fixing the new rate was required. The same reasoning applies to the increase for the Pasay City Auditor position. (2) The refund of excess salary shall be made in a lump sum, as de la Rea had full enjoyment of the total amount, even though collected bi-monthly. (3) De la Rea is not entitled to back salaries. The Court, guided by equity, found no illegality or bad faith by NAMARCO or the Civil Service Commissioner in keeping him out of office. His being out of service resulted from a legal struggle over appointment powers and his own choice to contest the Commissioner’s ruling. (4) Reinstatement to the position of City Auditor of Pasay City shall occur only after the decision becomes executory, notwithstanding the pending accounting for refund in the lower court. (5) The Court’s prior resolutions suffice to deny the motion of the Auditor General and Civil Service Commissioner, making further discussion on the suspension and cause of being out of service unnecessary. (6) De la Rea did not abandon his Pasay City position. Abandonment requires clear proof, and his continued service as NAMARCO Auditor while contesting the Commissioner’s ruling in court does not constitute abandonment. The Commissioner’s own statement that de la Rea was still considered the Pasay City Auditor upon disapproval of his NAMARCO appointment supports the ruling that he reverted to that office. Any difficulty arising from subsequent appointments to the Pasay City position is an administrative problem for the proper authorities.