POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

VIII. LAW ON PUBLIC OFFICERS
M. Accountability of Public Officers
2. Discipline

c. Dismissal, Preventive Suspension, Reinstatement, and Back Salaries

The accountability of public officers is enshrined in the 1987 Philippine Constitution and various statutes such as the Revised Administrative Code, Civil Service Law (Executive Order No. 292), the Ombudsman Act, and the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019). Public officers are expected to uphold the public trust vested in them, and any breach of duty subjects them to disciplinary action, which includes dismissal, preventive suspension, and other penalties.

1. Dismissal

Dismissal from public service is the ultimate penalty that can be imposed on a public officer for committing administrative offenses. This disciplinary sanction results in the termination of the officer’s employment or service in the government, disqualifying them from holding any future government office.

Grounds for Dismissal: Dismissal is generally imposed for grave offenses, such as:

Dishonesty
Gross misconduct
Neglect of duty
Conduct prejudicial to the best interest of the service
Corruption
Violation of Anti-Graft and Corrupt Practices Act (RA 3019)
Conviction of crimes involving moral turpitude
Violation of Civil Service laws, the Code of Conduct and Ethical Standards for Public Officials (RA 6713)

Procedure for Dismissal:

Administrative complaints may be initiated by an aggrieved party, the Ombudsman, or heads of government agencies.
Due process: Public officers facing charges must be afforded due process. This includes the right to be informed of the charges, the opportunity to answer and defend against these charges, and the opportunity for a hearing before the competent administrative body.
Finality: Dismissal orders are final and executory unless a motion for reconsideration is filed or a valid appeal is made within the period prescribed by law or the specific rules governing the administrative body.

Consequences of Dismissal:

Forfeiture of benefits, including retirement and separation pay, except earned leave credits.
Permanent disqualification from holding public office.

2. Preventive Suspension

Preventive Suspension is a disciplinary measure that temporarily removes a public officer from their duties while an administrative case or investigation is pending. This is not a penalty, but rather a precautionary action intended to prevent the officer from interfering with the investigation, tampering with evidence, or exerting undue influence over witnesses.

Grounds for Preventive Suspension:

When the evidence of guilt is strong, and the charge involves:
- Dishonesty
- Oppression
- Grave misconduct
- Neglect in the performance of duty
- If the charge warrants removal or dismissal from service

Duration of Preventive Suspension:

Preventive suspension shall not exceed 90 days for local elective officials under Section 63 of the Local Government Code (RA 7160).
For national government employees, preventive suspension may be imposed for not more than 90 days under the Civil Service Commission (CSC) rules.
The Ombudsman is also empowered to impose preventive suspension for a period not exceeding 6 months, in cases under its jurisdiction (Sec. 24 of RA 6770, the Ombudsman Act of 1989).

Effect of Preventive Suspension:

Preventive suspension is non-punitive in nature, meaning it does not imply guilt. The public officer continues to receive their salaries during this period unless otherwise provided by law.

3. Reinstatement

Reinstatement refers to the restoration of a public officer to their former position or to an equivalent position following the resolution of an administrative case or appeal, particularly when the officer is exonerated of the charges against them.

Grounds for Reinstatement:

Exoneration: The public officer is found not guilty of the charges.
Dismissal of the case: When the administrative complaint or case is dismissed for lack of merit.
Favorable judgment on appeal: When the officer’s dismissal or penalty is overturned by a higher administrative or judicial body.

Effects of Reinstatement:

The officer is restored to their former position or an equivalent one.
Full back salaries are typically granted if the suspension or dismissal is found to have been unjustified.
The officer is entitled to reinstatement to the full benefits they would have received if they had not been suspended or dismissed, including promotions or increases in salary that occurred during their absence.

4. Back Salaries

Back Salaries are the unpaid salaries that an officer would have received during the period of suspension, dismissal, or other unjustified separation from service if the officer is reinstated after exoneration or upon favorable resolution of their case.

Entitlement to Back Salaries:

Public officers are entitled to back salaries if they are exonerated or reinstated after a final judgment in their favor, especially if the dismissal or suspension was found to be without just cause.
Back salaries may cover the entire period of their suspension, dismissal, or separation from service until they are reinstated.
However, if the suspension or dismissal was justified, the officer may not be entitled to back salaries even if they are reinstated. This is particularly true if the exoneration was based on a technicality or lack of evidence, rather than a finding of innocence.

Limitation on Back Salaries:

While back salaries are generally granted upon exoneration, the Supreme Court has held that back salaries may be denied in cases where reinstatement is ordered based on a finding that the dismissal or suspension was based on good faith, even if later found unjustified.

Legal Basis:

The entitlement to back salaries is founded on principles of equity and justice, where a public officer should not suffer economic loss if their dismissal or suspension was without sufficient legal basis.

Relevant Case Law:

Office of the Ombudsman v. De Chavez: The Supreme Court held that preventive suspension is a preliminary measure and not a penalty, and it is imposed to prevent the officer from influencing witnesses or tampering with evidence.
Garcia v. Court of Appeals: The Court ruled that a public officer is entitled to back salaries if the dismissal or suspension is declared unjustified, provided the exoneration is on the merits.
Civil Service Commission v. Cruz: Reinforces the principle that back salaries are recoverable if the officer was unjustly or unlawfully dismissed from service and was later reinstated.

This framework ensures that public officers are held accountable for any misconduct while also safeguarding their rights to due process and just compensation if wrongfully dismissed or suspended.