- Petitioner
- Hon. Ricardo T. Gloria
- Respondent
- Court of Appeals
- Citation
- G.R. No. 131012
- Court
- From Department of Education (DECS) to Merit Systems and Protection Board (MSPB) to Civil Service Commission (CSC) to Court of Appeals (CA) to Supreme Court (SC)
- Division
- En Banc
- Ponente
- Mendoza, J.
- Decided
- April 21, 1999
Summary
This case arose from the 1990 public school teachers' strikes. Four teachers were suspended for alleged participation but were later found to have not participated in the strikes, only being absent without official leave - a minor violation punishable by reprimand only. The Supreme Court established important distinctions between two types of preventive suspension in civil service: (1) pending investigation, where employees are not entitled to back pay even if exonerated because the suspension is legally authorized; and (2) pending appeal, where exonerated employees are entitled to back pay because continued suspension beyond 90 days becomes unjustified. Since the respondents were exonerated of serious charges and found guilty only of minor rule violations not warranting suspension, they were entitled to back salaries for the entire suspension period until reinstatement, limited to five years. The decision clarifies civil service disciplinary procedures and employee compensation rights during preventive suspension.