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    Campol V. Balaos-AS: GR NO. 197634 NOVEMBER 28, 2016 J. Jardeleza, Third Division

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    Amanda Love
    1. Campol served as Secretary to the Sangguniang Bayan in Boliney, Abra since 1999. In 2004, the new mayor and vice mayor terminated Campol claiming he was absent without leave. 2. Several agencies, including CSC-Abra and the Sangguniang Panlalawigan, advised that Campol could not be removed due to protections as a civil servant. However, the vice mayor issued an order dropping Campol from the rolls. 3. The court ruled that Campol was illegally dismissed and is entitled to reinstatement and back wages from the time of his dismissal until reinstatement due to his constitutional right to security of tenure as a civil servant.

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    Campol V. Balaos-AS: GR NO. 197634 NOVEMBER 28, 2016 J. Jardeleza, Third Division

    Uploaded by

    Amanda Love
    59 views4 pages
    1. Campol served as Secretary to the Sangguniang Bayan in Boliney, Abra since 1999. In 2004, the new mayor and vice mayor terminated Campol claiming he was absent without leave. 2. Several agencies, including CSC-Abra and the Sangguniang Panlalawigan, advised that Campol could not be removed due to protections as a civil servant. However, the vice mayor issued an order dropping Campol from the rolls. 3. The court ruled that Campol was illegally dismissed and is entitled to reinstatement and back wages from the time of his dismissal until reinstatement due to his constitutional right to security of tenure as a civil servant.

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    13. Campol v. Balaos-as

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    1. Campol served as Secretary to the Sangguniang Bayan in Boliney, Abra since 1999. In 2004, the new mayor and vice mayor terminated Campol claiming he was absent without leave. 2. Several agencies, including CSC-Abra and the Sangguniang Panlalawigan, advised that Campol could not be removed due to protections as a civil servant. However, the vice mayor issued an order dropping Campol from the rolls. 3. The court ruled that Campol was illegally dismissed and is entitled to reinstatement and back wages from the time of his dismissal until reinstatement due to his constitutional right to security of tenure as a civil servant.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    59 views4 pages

    Campol V. Balaos-AS: GR NO. 197634 NOVEMBER 28, 2016 J. Jardeleza, Third Division

    Uploaded by

    Amanda Love
    1. Campol served as Secretary to the Sangguniang Bayan in Boliney, Abra since 1999. In 2004, the new mayor and vice mayor terminated Campol claiming he was absent without leave. 2. Several agencies, including CSC-Abra and the Sangguniang Panlalawigan, advised that Campol could not be removed due to protections as a civil servant. However, the vice mayor issued an order dropping Campol from the rolls. 3. The court ruled that Campol was illegally dismissed and is entitled to reinstatement and back wages from the time of his dismissal until reinstatement due to his constitutional right to security of tenure as a civil servant.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 4

    CAMPOL V.

    BALAOS-
    AS
    GR NO. 197634 NOVEMBER 28, 2016
    J. JARDELEZA, THIRD DIVISION
    Facts
    ■ Campol served as Secretary to the Sangguniang Bayan (SB) in permanent capacity to the
    Municipality of Boliney, Abra since 1999. The respondents Mayor Ronald S. Balao-as and Vice
    Mayor Dominador J. Sianen (Sianen) assumed office in July 2004. Shortly after this, the SB passed a
    resolution terminating Campol on the ground that he was absent without approved leave from August
    1, 2004 to September 30, 2004.
    ■ The resolution was transmitted to the Sangguniang Panlalawigan (SP) and referred the matter to CSC-
    Abra. CSC-Abra then wrote Sianen informing him that Campol cannot be removed from his position
    because he is protected by the Administrative Code. The SP and (DILG)-Abra followed this advice.
    Despite the unanimous position of these three agencies, Sianen issued Memorandum Order No. 001,
    Series of 2004, which dropped Campol from the rolls.
    ■ CSC-CAR ruled in favor of Campol when he challenged the memorandum. Sianen, in tum, elevated
    the matter before the CSC. The CSC ruled that Campol was properly dropped from the rolls.
    ■ The CA reversed the CSC and ruled that no ground exists to justify Campol's dismissal but refused to
    order his reinstatement because Campol had already accepted a job at another agency. Campol filed
    this Petition for Review on Certiorari.
    ISSUE
    WHETHER OR NOT CAMPOL AS AN EMPLOYEE OF THE
    CIVIL SERVICE IS ENTITLED TO REINSTATEMENT AND
    TO THE PAYMENT OF HIS BACKWAGES FROM THE TIME
    OF HIS DISMISSAL UNTIL HE IS REINSTATED.
    Ruling
    On Reinstatement
    ■ Yes. Section 2, paragraph 3 of Article IX-B of the Constitution states that “No officer or employee of the civil service shall
    be removed or suspended except for cause provided by law.” This constitutional provision captures the essence of security of
    tenure.
    ■ Under the doctrine in Tan, Tañala, Gonzales, Salvador and Canonizado, Campol should be reinstated to his position as SB
    Secretary. In the eyes of the law, the position never became vacant since Campol was illegally dropped from the rolls.

    On Backwages
    ■ Yes. Campol is entitled to the payment of backwages from the time of his illegal dismissal until he is reinstated to his
    position. An employee of the civil service who is ordered reinstated is also entitled to the full payment of his or her
    backwages during the entire period of time that he or she was wrongfully prevented from performing the duties of his or her
    position and from enjoying its benefits. This is necessarily so because, in the eyes of the law, the employee never truly left
    the office.
    ■ This is the prevailing doctrine indicates that the twin award of reinstatement and payment of full backwages are dictated by
    the constitutional mandate to protect civil service employees' right to security of tenure. Anything less than this falls short of
    the justice due to government employees unfairly removed from office.
    ■ Employees in the civil service should be accorded the same right as prevailing jurisprudence in labor law dictates. Through
    this, those who possess the power to dismiss employees in the civil service will be reminded to be more circumspect in
    exercising their authority as a breach of an employee's right to security of tenure will lead to the full application of law and
    jurisprudence to ensure that the employee is reinstated and paid complete backwages.

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