FIRST DIVISION
[G.R. No. 205761. August 17, 2015.]
PHILIPPINE POSTAL CORPORATION, petitioner, vs. CAYETANO T. PACANA IV, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 17, 2015 which reads as follows:
"G.R. No. 205761 (Philippine Postal Corporation v. Cayetano T. Pacana IV).
After a careful perusal of the records, the Court resolves to DENY the instant petition and AFFIRM the July 31, 2012 Decision 1 and January 31, 2013 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 02080-MIN for failure of petitioner Philippine Postal Corporation (petitioner) to show that the CA committed any reversible error in modifying Resolution No. 072025 3 dated November 5, 2007 of the Civil Service Commission (CSC) awarding back salaries to respondent Cayetano T. Pacana IV (respondent) for the period of his unjustified suspension from July 30, 2004 until his actual reinstatement.
The CA correctly ruled that respondent was entitled to the payment of back salaries for his unworked days after he had fully served the penalty of nine (9) months suspension for Less Serious Dishonesty until his reinstatement in the service. The payment of salaries corresponding to the period when an employee is not allowed to work may be decreed not only if he is found innocent of the charges which caused his suspension, but also when the suspension is unjustified. 4 The unreasonable delay in the resolution of respondent's administrative case that led to his protracted period of suspension and unemployment was directly attributable to petitioner's gross violation of his right to due process. Unless respondent is fully recompensed for his unjustified suspension, it would be a far greater injustice if he is made to suffer a penalty longer than that meted upon him by the CSC.
SO ORDERED." ETHIDa
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo, pp. 32-45. Penned by Associate Justice Maria Elisa Sempio Diy with Associate Justices Edgardo T. Lloren and Jhosep Y. Lopez concurring.
2. Id. at 64-65. Penned by Associate Justice Jhosep Y. Lopez with Associate Justices Edgardo A. Camello and Edgardo T. Lloren concurring.
3. Id. at 187-206. Penned by Commissioner Mary Ann Z. Fernandez-Mendoza with Chairman Karina Constantino-David and Commissioner Cesar D. Buenaflor concurring.
4. Abellera v. City of Baguio, 125 Phil. 1033, 1037 (1967); citation omitted.