Political Law, 2011 Bar — Question 33

MULTIPLE CHOICE

X, an administrative officer in the Department of Justice, was charged with grave misconduct and preventively suspended for 90 days pending investigation. Based on the evidence, the Secretary of Justice found X guilty as charged and dismissed him from the service. Pending appeal, X’s dismissal was executed. Subsequently, the Civil Service Commission (CSC) reversed the Secretary’s decision and the reversal became final and executory. What is the effect of X’s exoneration? (A) X is entitled to reinstatement and back salaries both during his 90 day preventive suspension and his suspension pending appeal. (B) X is entitled to reinstatement and back salaries corresponding only to the period of delay caused by those prosecuting the case against him. (C) X is entitled to reinstatement but not to back salaries on ground of “damnum absque injuria.” (D) X is entitled to reinstatement and back salaries during his suspension pending appeal.

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