THE COURT OF APPEALS COMMITTED A MOST GRIEVOUS ERROR WHEN IT DID NOT EXPRESSLY RULE ON THE ISSUE OF THE RIGHT OF PETITIONERS TO BACKWAGES AND IN EFFECT AFFIRMED THE TERRIBLY WRONG RULING OF THE CIVIL SERVICE COMMISSION THAT PETITIONERS HAVE NO RIGHT TO BACKWAGES

Petitioners are no longer pleading for exoneration from the administrative charges filed against them. Instead, petitioners are merely asking for the payment of back wages computed from the time they could not teach pursuant to Secretary Cariño’s dismissal orders minus the six months suspension until their actual reinstatement.[8]

Petitioners have no right to back wages because they were neither exonerated nor unjustifiably suspended.  Petitioners admitted participating in the teachers’ strike which disrupted the education of public school students.  For this offense, the CSC reduced Secretary Cariño’s dismissal orders to six months suspension without pay.  The Court has already put to rest the issue of the award of back wages to public school teachers whom the CSC reinstated in the service after commuting Secretary Cariño’s dismissal orders to six months suspension without pay.[9] In Alipat v. Court of Appeals,[10] the Court denied the teachers’ claim for back wages stating thus:

This Court has also resolved the issue of whether back wages may be awarded to the teachers who were ordered reinstated to the service after the dismissal orders of Secretary Cariño were commuted by the Civil Service Commission to six (6) months’ suspension.  The issue was resolved in the negative in Bangalisan vs. Court of Appeals on the ground that the teachers were neither exonerated nor unjustifiably suspended.  The Bangalisan case also ruled that the immediate implementation of the dismissal orders, being clearly sanctioned by law, was not unjustified.  The Court held that as regards the payment of back salaries during the period of suspension of a member of the civil service who is subsequently ordered reinstated, the payment of back wages may be decreed if “he is found innocent of the charges which caused the suspension and when the suspension is unjustified.”

Citing the Bangalisan ruling, this Court in Jacinto vs. Court of Appeals held that when the teachers have given cause for their suspension – i.e., the unjustified abandonment of classes to the prejudice of their students – they were not fully innocent of the charges against them although they were eventually found guilty only of conduct prejudicial to the best interest of the service and not grave misconduct or other offense warranting their dismissal from the service; “being found liable for a lesser offense is not equivalent to exoneration.”[11]

The facts in this case are substantially the same as those in Bangalisan v. Court of Appeals,[12]De la Cruz v. Court of Appeals,[13]Alipat v. Court of Appeals[14] and Secretary of Education, Culture and Sports v. Court of Appeals.[15] In these cases, the Court categorically declared that the payment of back wages during the period of suspension of a civil servant who is subsequently reinstated is proper if he is found innocent of the charges and the suspension is unjustified.  These two circumstances are absent in the present case.  When a court has laid down a principle of law as applicable to a certain state of facts, it will adhere to that principle and apply it to all future cases where the facts are substantially the same.[16]

WHEREFORE, we DENY the petition.  We AFFIRM the Decision dated 31 July 1996 and Resolution dated 29 February 2000 of the Court of Appeals in CA-G.R. SP Nos. 37794-99 and SP Nos. 37800-05.  Costs against petitioners.

SO ORDERED.

SOURCE: [ G.R. NOS. 142332-43, January 31, 2005 ]YOLANDA BRUGADA, ANGELINA CORPUZ, EVELYN ESCANO, SHIRLEY GARMA, DEDAICA JUSAY, PARSIMA LERIA, SONIA C. MAHINAY, ADELA SOLO, ELSIE SOMERA, VIRGINIA TALICURAN, JOSE S. VALLO, AND TEOFILA VILLANUEVA, PETITIONERS, VS. THE SECRETARY OF EDUCATION, CULTURE AND SPORTS, RESPONDENT. Tags: Alcantara Alcoy moral damages Alegria actual damages Aloguinsan Argao Asturias Badian Balamban Bantayan Barili Boljoon Borbon Carmen Catmon Compostela Consolacion Cordova Daanbantayan Dumaguete Bais Sibulan Tampi Bacong Negros Bacolod Separation pay Resign Resignation Back wages Backwages Length of service pay benefit employee employer relationship Silay Kabankalan Daan Bantayan Dalaguete Dumanjug Ginatilan Liloan compensatory damages Madridejos Malabuyoc Medellin Minglanilla Moalboal Oslob Pilar Pinamungajan Poro Ronda Samboan San Fernando San Francisco San Remigio Sante Fe Santander Sibonga Sogod Tabogon Tabuelan Tuburan attorney’s fees Tudela exemplary damages Camotes General Luna Siargao Cagayan Davao Kidapawan Attorney Abogado Lawyer Architect Real Estate Broker nominal damages Sales Agent Properties for Sale Looking for Buyers Design Build House and Lot for Sale for Rent Talisay City Mandaue City Lapu Lapu Lapu-Lapu City Yncierto Sesante Villanueva Ruz Jan Edmond Marc Tim Timothy temperate damages Luz liquidated damages Kristin tct transfer certificate of title tax declaration birth certificate relocation survey surveying judicial titling administrative titling patent title denr cenro foreshore lease ecc environmental compliance certificate design build architect cebu engineer interior design designer residential commercial cebu property warehouse for rent for lease marc Christian yncierto ruz jan Edmond yncierto ruz Kristin Villanueva ruz Edmond mabalot ruz marriage certificate timber land forest land watershed agricultural lot land use conversion hearing trial illegal drugs trial lawyer business corporate lawyer labor lawyer immigration law bureau of immigration cebu 9g visa search warrant warrant of arrest motion to quash information complaint police officers buy bust physical suffering shocked horrified mental anguish fright serious anxiety besmirched reputation sleepless nights wounded feelings moral shock social humiliation similar injuries

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