In the case of ENGR. EDGARDO C. GARCIA vs. JUDGE MELJOHN DE LA PEÑA, EN BANC, A.M. No. MTJ-92-687, December 8, 2008, the Supreme Court held that a judge or, for that matter, any judicial personnel, who has been dismissed from the service, “may still enjoy all vacation and sick leave benefits that he earned during the period of his government service”. This is a departure from past rulings of the Court, where the Court had held that all benefits of the dishonorably dismissed judicial officer or personnel are automatically declared forfeited. Thus:
X x x.
To be sure, the penalty imposed on respondent was made pursuant to Rule XIV of the Omnibus Rules Implementing Book V of Executive Order No. 292 (Administrative Code of 1987) which provides:
The penalty of dismissal shall carry with it cancellation of eligibility, forfeiture of leave credits and retirement benefits, and the disqualification for re-employment in the government service. Further, it may be imposed without prejudice to criminal or civil liability.
However, there have been instances in the past when this Court has shown compassion in modifying already final decisions in administrative cases.
In Cathay Pacific Airways, Ltd. v. Romillo, Jr., this Court, out of humanitarian considerations, allowed dismissed Judge Romillo, Jr. to enjoy all vacation and sick leave benefits that he earned during his government service. In Prudential Bank v. Castro, this Court likewise allowed respondent Judge to enjoy the money equivalent of all his vacation and sick leave benefits.
Furthermore, Civil Service Commission Memorandum Circular (MC) No. 41, Series of 1998, as amended by MC No. 14, Series of 1999, provides:
Section 37. Payment of terminal leave. – Any official/employee of the government who retires, voluntarily resigns, or is separated from the service and who is not otherwise covered by special law, shall be entitled to the commutation of his leave credits exclusive of Saturdays, Sundays and Holidays without limitation and regardless of the period when the credits were earned.
Section 65. Effect of decision in administrative case. – An official or employee who has been penalized with dismissal from the service is likewise not barred from entitlement to his terminal leave benefits.
Also, Section 11.A.1, Rule 140 of the Revised Rules of Court, as amended by A.M. No. 01-8-10-SC, provides:
Section 11. Sanctions. –
A. If the respondent is guilty of a serious charge, any of the following sanctions may be imposed:
1. Dismissal from the service, forfeiture of all or part of the benefits as the Court may determine, and disqualification from reinstatement or appointment to any public office, including government-owned or controlled corporations. Provided, however, that the forfeiture of benefits shall in no case include accrued leave credits. (Underscoring supplied)
X x x.
