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However, the Court cannot grant his prayer for backwages from September 1, 1971 to
November 23, 1982 since in Monsanto 4 this Court said he is not entitled to automatic
reinstatement. Petitioner was lawfully separated from the government service upon his
conviction for an offense. Thus, although his reinstatement had been duly authorized, it did
not thereby entitle him to backwages. Such right is afforded only to those who have been
illegally dismissed and were thus ordered reinstated or to those otherwise acquitted of the
charge against them.
WHEREFORE, the petition is GRANTED in that the Secretary of the Department of Education,
Culture and Sports and/or his duly authorized representative is hereby directed to appoint
petitioner to the position of Elementary School Principal I or it equivalent, without
pronouncement as to cost. This decision is immediately executory.
PEOPLE VS SALLE, JR
Francisco Salle, Jr. and Ricky Mengote were found guilty beyond reasonable doubt and
each is sentenced to suffer the penalty of reclusion perpetua and to pay an indemnity.
The appellants seasonably filed their Notice of Appeal. On 24 March 1993, the Court
accepted the appeal. On 6 January 1994, however, appellant Francisco Salle, Jr. filed an
Urgent Motion to Withdraw his Appeal. They were granted a conditional pardon that with
their acceptance of the conditional pardon, the appellants will be released from
confinement, the appellants impliedly admitted their guilt and accepted their sentence,
and hence, the appeal should be dismissed.They were discharged from the New Bilibid
Prison on 28 December 1993. Atty. Lao further informed the Court that appellant Ricky
Mengote left for his province without consulting her. She then prays that the Court grant
Salle's motion to withdraw his appeal and consider it withdrawn upon his acceptance of
the conditional pardon. Mengote has not filed a motion to withdraw his appeal.
ISSUE: Whether Mengotes conditional pardon is valid.
HELD: No. Since pardon is given only to one whose conviction is final, pardon has no effect
until the person withdraws his appeal and thereby allows his conviction to be final and
Mengote has not filed a motion to withdraw his appeal. WHEREFORE, counsel for
accused-appellantRicky Mengote y Cuntado is hereby given thirty (30) days from notice
hereof within which to secure from the latter the withdrawal of his appeal and to submit it
to this Court. The conditional pardon granted the said appellant shall be deemed to take
effect only upon the grant of such withdrawal. In case of non-compliance with this
Resolution, the Director of the Bureau of Corrections must exert every possible
effort to take back into his custody the said appellant, forwhich purpose he may seek the
assistance of the Philippine National Police or the NationalBureau of Investigation.