FACTS:

The petitioner, a Supervising Lineman in the Bureau of Telecommunications, was dismissed from service on the ground of dishonesty. He was accused of the loss of several telegraph poles and faced both an administrative case and a criminal case for qualified theft. However, on January 23, 1980, the trial court acquitted the petitioner of the offense charged.

After being acquitted, the petitioner sought reinstatement to his former position, but the Bureau of Telecommunications denied his request. He then sought executive clemency from the President, which was granted on August 26, 1981. However, the Commission on Audit (COA) denied the petitioner's claim for payment of back salaries, stating that the executive clemency did not provide for such payment and that the petitioner hadn't rendered service during the period in question.

Unsatisfied with the COA's decision, the petitioner appealed to the Office of the President but was denied due to legal and constitutional constraints. Consequently, the petitioner filed a petition for review on certiorari with the Supreme Court, seeking payment of back wages after being reinstated.

Upon recommendation, the Solicitor General supported the petitioner's petition to be given due course. Meanwhile, the COA requested the Court to deny the petition. Ultimately, the Court ruled in favor of the petitioner, concluding that the power of executive clemency includes the power to pardon. Thus, the grant of executive clemency in this case can be considered as an executive pardon.

ISSUES:

1. Whether the petitioner is entitled to the payment of back wages after being reinstated pursuant to the grant of executive clemency.

RULING:

1. The petition is meritorious. The Court held that the grant of executive clemency to the petitioner, which partakes the nature of an executive pardon, entitles him to the payment of back wages. The Court emphasized that the ultimate objective of executive clemency is to accord full justice to the petitioner, and the award of back wages is implicit in the grant of executive clemency.

PRINCIPLES:

• The President has the exclusive prerogative to extend executive clemency, including pardons, reprieves, commutations, and remission of fines and forfeitures, after conviction by final judgment, and the power to grant amnesty with the concurrence of a majority of all Members of Congress.

• Executive clemency is an act of grace and humanity exercised in proper cases to accord full justice to the petitioner.

• The grant of executive clemency, particularly an executive pardon, can entitle the petitioner to the payment of back wages.