BIENVENIDO NERA V. PAULINO GARCIA, GR NO.

L-13160

FACTS:
Petitioner, Nera, is a clerk in the Maternity and Children’s
Hospital. In the course of his employment, he also served as
manager and cashier of the Maternity Employee’s Cooperative
Association, Inc. thus having been tasked to have under control
the funds of the association. However, on May 11, 1956, he was
charged with malversion before the Court of First Instance of
Manila for allegedly misappropriating the sum of 12,636.21 pesos
belonging to the association.
A few months after filing the criminal case, an administrative
complaint was filed by Simplicio Balcos, husband of the
suspended administrative officer and cashier of the Maternity and
Children’s Hospital, against Nera on the basis of the criminal case
then pending against him. Based on the result of the examination
of the accounts of Nera as manager and cashier of the
association, it indeed revealed that he was liable in the amount of
12,636.21 pesos. Nera was eventually suspended from office as
clerk.
The petitioner then asked PCAC to intervene on his behalf,
the latter recommended the respondents to lift the suspension of
the petitioner. However, the respondents did not allow it. The
petitioner then asked the respondents for reconsideration but was
still denied. Hence, the certiorari and mandamus filed by the
petitioner to restrain respondents from proceeding with the
administrative case against him until after the termination of the
criminal case. The trial court held in favor of the petitioner ruling
that the petitioner was illegally suspended, first, because the
suspension came before he was able to file his answer to the
administrative complaint, thereby depriving him "of his right to a
fair hearing and an opportunity to present his defence, thus
violating the due process clause"; also, that assuming for a
moment that petitioner were guilty of malversation or
misappropriation of the funds of the association, nevertheless,
said irregularity had no connection with his duty as clerk of the
Maternity and Children's Hospital. As a result, the respondents
filed an appeal to the decision of the trial court.

ISSUE:
Whether or not the petitioner was illegally suspended thus, he
must be reinstated in office and pay back his salary

HELD:
The decision of the Regional Trial Court is reversed.
With regards to the suspension of petitioner, it should not be
treated as punishment or penalty, but only as a preventive
measure. Suspension is a preliminary step in an administrative
investigation. If after such investigation, the charges are
established and the person investigated is found guilty of acts
warranting his removal, then he is removed or dismissed.
Therefore, it is not improper to suspend an officer pending his
investigation and before the charges against him are heard and
be given an opportunity to prove his innocence.
As to the alleged misappropriation having no connection with
his duty, the Supreme Court referred to Sec. 34 of the Civil
Service Act which states that it is applicable “if the charge against
such officer, or employee involves dishonesty, oppression or
grave misconduct, or to believe that the performance of duty, or
if there are strong reason to believe that the respondent is guilty
of charges which would warrant his removal from the service.”
According to the Supreme Court, with the use of comma, the
charges of dishonesty and oppression or grave misconduct need
not be committed in the performance of duty
 Hence, the Supreme Court held that it is not entirely
disconnected with the office of the petitioner. Even though
Maternity Employee’s Cooperative Association is a private entity,
it is still an association composed of the employees of the
Maternity Children’s Hospital where petitioner was serving as an
employee. Moreover, if petitioner was designated to and occupied
the position of manager and cashier of said association, it was
because he was an employee of the Maternity and Children’s
Hospital. The contention though indirect, and, in the opinion of
some, rather remote, exists and is there.