This case has been cited 1 times or more.
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2011-05-31 |
VILLARAMA, JR., J. |
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| The controlling rule on the rate at which back salaries shall be paid was laid down by the Court as early as 1977 in the case of Balquidra v. CFI of Capiz, Branch II.[44] In said case, the Court awarded back salaries to the petitioner therein at the rate last received by him or his "original salary"[45] for five years without qualification and deduction. This means that the illegally dismissed government employee shall be paid back salaries at the rate he was receiving when he was terminated unqualified by salary increases and without deduction from earnings received elsewhere during the period of his illegal dismissal. We have invariably held so in Gementiza v. Court of Appeals,[46] Ginson v. Municipality of Murcia, et al.,[47] Gabriel v. Domingo,[48] and Del Castillo v. Civil Service Commission.[49] We find no reason to depart from the said rule in the instant case. | |||||