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a public office it does not entitle him to automatic reinstatement. He should apply for reappointment to said office.
Here, petitioner was reinstated to the service after his absolute pardon, but as a classroom teacher by the DECS, not
as a principal.
Since there are no circumstances that would warrant diminution in his rank, justice and equity dictate that he be
returned to his former position of Elementary School Principal.
As to his prayer for backwages, the Court rules that he is not entitled to backwages for he was lawfully separated
from government service. Such right is afforded only to those who have been illegally dismissed and were thus
ordered reinstatement or to those otherwise acquitted of the charge against them.
CASE LAW/ DOCTRINE: Taking into consideration that petitioner is filed by a non-lawyer, who claims that
poverty denies him the services of a lawyer, this Court sets aside the requirement of exhaustion of administrative
remedies and resolved to go directly to the merits of this petition.
DISSENTING/CONCURRING OPINION(S):