Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No.

L-13160 January 30, 1960

BIENVENI O NER!, petitioner-appellee, vs. P!ULINO G!RCI!, S"#r"$ary o% &"a'$(, an) TR!N*UILINO ELIC!NO, &o,-+$a',, respondents-appellants.

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Jose Tumanong Guerrero for appellee. Acting Solicitor General Guillermo E. Torres and Solicitor Camilo D. Quiason for appellants. MONTEM!.OR, J./ Respondents are appealing the decision of the Court of First nstance of Manila, dated !ctober "#, $%&', ordering the( to reinstate petitioner Bienvenido Nera to his for(er position as cler) in the Maternit* and Children+s ,ospital, and to pa* hi( his bac) salar* fro( the date of his suspension until reinstate(ent. -he facts in this case are not in dispute. Petitioner Nera a civil service eligible, .as at the ti(e of his suspension, serving as cler) in the Maternit* and Children+s ,ospital, a govern(ent institution under the supervision of the Bureau of ,ospitals and the /epart(ent of ,ealth. n the course of his e(plo*(ent, he served as (anager and cashier of the Maternit* E(plo*er+s Cooperative Association, nc. As such (anager and cashier, he .as supposed to have under his control funds of the association. !n Ma* $$, $%&0, he .as charged before the Court of First nstance of Manila .ith (alversation, Cri(inal Case No. "&11', for allegedl* (isappropriating the su( of P$2,0"0.2$ belonging to the association. 3o(e (onths after the filing of the cri(inal case, one 3i(plicio Balcos, husband of the suspended ad(inistrative officer and cashier of the Maternit* and Children+s ,ospital, na(ed 4regoria Balcos, filed an ad(inistrative co(plaint case then pending against hi(. Acting upon this ad(inistrative co(plaint and on the basis of the infor(ation filed in the cri(inal case, as .ell as (anager and cashier of the association, he .as liable in the a(ount of P$2,0"0.2$, the e5ecutive officer, Antonio Rodrigue6, acting for and in the absence of the /irector of ,ospitals, re7uired petitioner of the co((unication, E5hibit /, .h* he should not be su((aril* dis(issed fro( the service for acts involving dishonest*. -his period of sevent*-t.o hours .as e5tended to /ece(ber 2#, $%&0. Before the e5piration of the period as e5tended, that is, on /ece(ber $%, $%&0, Nera received a co((unication fro( respondent /irector of ,ospital suspending hi( fro( office as cler) of the Maternit* and Children+s ,ospital, effective upon receipt thereof. -his suspension carried the approval of respondent thereof. -his suspension carried the approval of respondent 4arcia, 3ecretar* of ,ealth. -he petitioner as)ed the PCAC to intervene on his behalf, .hich office reco((ended to respondents the lifting of the suspension of petitioner. 8pon failure of respondents to follo. said reco((endation, petitioner as)ed respondents for a reconsideration of his suspension, .hich re7uest .as denied. Petitioner then filed the present special action of prohibition, certiorari and (anda(us to restrain respondents fro( proceeding .ith the ad(inistrative case against hi( until after the ter(ination of the cri(inal case9 to annul the order of suspension dated /ece(ber $%., $%&0, and to co(pel respondents to lift

the suspension. After hearing of this special civil action, the appealed decision .as illegall* suspended, first because the suspension ca(e before he .as able to file his ans.er to the ad(inistrative co(plaint, thereb* depriving hi( :of his right to a fair hearing and an opportunit* to present his defense, thus violating the due process clause:9 also, that assu(ing for a (o(ent that petitioner .ere guilt* of (alversation or (isappropriation of the funds of the association, nevertheless, said irregularit* had no connection .ith his dul* as cler) of the Maternit* and Children+s ,ospital. n connection .ith the suspension of petitioner before he could file his ans.er to the ad(inistrative co(plaint, suffice it sa* that the suspension .as not a punish(ent or penalt* for the acts of dishonest* and (isconduct in office, but onl* as a preventive (easure. 3uspension is a preli(inar* step in an ad(inistrative investigation. f after such investigation, the charges are established and the person investigated is found guilt* of acts .arranting his re(oval, then he is re(oved or dis(issed. -his is the penalt*. -here is, therefore, nothing i(proper in suspending an officer pending his investigation and before the charges against hi( are heard and he given an opportunit* to prove his innocence. As to the holding of the trial court about dishonest* or (isconduct in office having connection .ith one+s duties and functions in order to .arrant punish(ent, this involves an interpretation of 3ection 0%1 of the Revised Ad(inistrative Code, .hich for purpose of reference .e reproduced belo.; 3EC. 0%1. Removal or suspension. < No officer or e(plo*ee in the civil service shall be re(oved or suspended e5cept for cause as provided b* la.. -he President of the Philippines (a* suspend an* chief or assistant chief of a bureau or office and in the absence of special provision, an* other officer appointed b* hi(, pending an investigation of his bureau or office. =ith the approval of the proper head of depart(ent, the chief of a bureau in his bureau or under his authorit* pending an investigation, if the charge against such subordinate or emplo ee involves dishonest ! oppression! or grave misconduct or neglect in the performance of dut . "Emphasis supplied# . t .ill be observed fro( the last four lines of the second paragraph that there is a co((a after the .ords dishonest* and oppression, thereb* .arranting the conclusion that onl* the phrase :grave (isconduct or neglect :is 7ualified b* the .ords :in the perfor(ance of dut*:. n other .ords, dishonest* and oppression to .arrant punish(ent or dis(issal, need not be co((itted in the course of the( perfor(ance of dut* b* the person charged. 3ection "1 of Republic Act No. 220#, )no.n as the Civil 3ervice Act on $%&%, .hich refers to the sa(e sub>ect (atter of ?preventive suspension, thro.s so(e light on this see(ing a(biguit*. =e reproduced said section "19 3EC. "1. $reventive Suspension. < -he President of the Philippines (a* suspend an* chief or assistant chief of a bureau or office and in the absence of special provision, an* other officer appointed b* hi(, pending an investigation of the charges against such officer or pending an investigation of his bureau or office. =ith the approval of the proper ,ead of /epart(ent, the chief of a bureau or office (a* li)e.ise preventivel* suspend an* subordinate officer or e(plo*ee in his bureau or under his authorit* pending an investigation, if the charge against such officer, or e(plo*ee involves dishonest ! oppression or grave misconduct! or to believe that the performance of dut , or if there are strong reason to believe that the respondent is guilt* of charges .hich .ould %arrant his removal from the service. @E(phasis suppliedA.

t .ill be noticed that it introduces a s(all change into 3ection 0%1 of the Revised Penal Code b* placing a co((a after the .ords :grave (isconduct,: so that the phrase :in the perfor(ance or neglect:, as it did under 3ection 0%1 of the Revised Ad(inistrative Code, no. 7ualifies onl* the last .ord :neglect:, thereb* (a)ing clear the person charged is guilt* (erel* to neglect, the sa(e (ust be in the perfor(ance of his dut*9 but that .hen he is charged .ith dishonest*, oppression or grave (isconduct these need have no relation to the perfor(ance of dut*. -hus is readil* understandable. f a 4overn(ent officer or e(plo*ee is dishonest or is guilt* of oppression or grave (isconduct, even if said defects of character are not connected .ith his force, the* affect his right to continue in office. -he 4overn(ent cannot .ell tolerate in its service a dishonest official, even if he perfor(s his duties correctl* and .ell, because b* reason of his govern(ent position, he is given (ore and a(ple opportunit* to co((it acts of dishonest* against his fello. (en, even against offices and entities of the 4overn(ent other than the office .here he is e(plo*ed9 and b* reason of his office, he en>o*s and possesses a certain influence and po.er .hich renders the victi(s of his grave (isconduct, oppression and dishonest* less disposed and prepared to resist and to counteract his evil acts and actuations. As the 3olicitor 4eneral .ell pointed out in his brief, :the private life of an e(plo*ee cannot be segregated fro( his public life. /ishonest* inevitabl* reflects on the fitness of the officer or e(plo*ee to continue in office and the discipline and (orals of the service.: t (a* not be a(iss to state here that the alleged (isappropriation involved in the cri(inal case is not entirel* disconnected .ith the office of the petitioner. -rue, the Maternit* E(plo*ee+s Cooperative Association that o.n, the funds said to have been (isappropriated is a private entit*. ,o.ever, as its na(e i(plies a, it is an association co(posd of the e(plo*ees of the Maternit* Children+s ,ospital .here petitioner .as serving as an e(plo*ee. Moreover, if petitioner .as designated to and occupied the position of (anager and cashier of said association, it .as because he .as an e(plo*ee of the Maternit* and Children+s ,ospital. -he contention though indirect, and, in the opinion of so(e, rather re(ote, e5ists and is there. -he trial court cites a cases of &ondano vs. Silvosa %' Phil., $1"9 &$ !ff. 4a6., ?0B, 2C1 'acson vs. Ro(ue @%2 Phil., 1&09 1% !ff. 4a6., %"A, and others to support its holding that an official (a* not be suspended forBirregularities not co((itted in connection .ith his office. -hese cases, ho.ever, involve elective officials .ho stand on ground different fro( that of an appointive officer or e(plo*ee, and .hose suspension pending investigation is governed b* other la.s. Further(ore, an elective officer, elected b* popular vote, is directl* responsible onl* to the co((unit* that elected hi(. !rdinaril*, he is not a(endable to rules of official conduct governing appointive officials, and so, (a* not be fort.ith and su((aril* suspended, unless his conduct and acts of irregularit* have so(e connection .ith his office. Further(ore, an elective official has a definite ter( of office, relativel* of short duration9 naturall*, since suspension fro( his office said suspension should not be ordered and done unless necessar* to prevent further da(age or in>ur* to the office and to the people dealing .ith said officer. n vie. of the conclusion that .e have arrived at, .e dee( it unnecessar* to discuss and deter(ine the other 7uestions raised in the appeal. n vie. of the foregoing, the appealed decision is hereb* reversed, .ith costs. $aras! )eng*on! C.J.! $adilla! )autista Angelo! 'abrador! Concepcion! Re es! J.).'.! Endencia! )arrera and Gutierre* David! JJ.! concur.