Cited Laws
accordingly, directed Tallado "to immediately effectuate the restoration of [Dr.] Gonzales to his position as Provincial Veterinarian at the [PVO] with payment of back salaries and other benefits." [17] Finally, Dr. Gonzales claimed that since he was not officially reinstated to the PVO until his retirement on December 11, 2015, he was unable to receive his salaries, allowances, etc. during the relevant period. [18] In defense, Mata admitted that he was the one who drafted the questioned Memorandum No. 120301-06 (which ordered the reassignment of Dr. Gonzales to the PIO) and Memorandum No. 121119-02 (dropping Dr. Gonzales from the rolls) and recommended to Tallado to sign the same. According to Mata, he disagreed with the CSC Decision No. 120494 which nullified Memorandum No. 120301-06, maintaining that Dr. Gonzales should not be considered as a "health worker" who is under the auspices of R.A. No. 7305. Hence, he advised Tallado not to implement the aforesaid CSC ruling and instead, move for the ruling's reconsideration and subsequent appeal to the CA. With respect to the latter memorandum, Mata maintained that he recommended its issuance due to Dr. Gonzales being AWOL from the PIO for more than 30 days. [19] For his part, Tallado maintained that his refusal to implement the CSC Decision No. 120494 was only due to the advice of his provincial legal officer, Mata, who maintained that the CSC ruling is not immediately executory and that they should first exhaust legal remedies available to them. Tallado then claimed that after such legal remedies were exhausted, he could no longer reinstate Dr. Gonzales as the latter had already retired. As such, he only ordered the payment of Dr. Gonzales's back salaries, leave benefits, allowances, retirement benefits, and other benefits due him. As regards Memorandum No. 121119-02, he only signed the same upon the representations and recommendations of Mata. [20] Finally, Dela Cruz maintained that he was only instructed to serve a copy of Memorandum No. 121119-02 to Dr. Gonzales; and was only apprised of the CSC rulings in favor of the latter when there was already a complaint filed against them. [21] The Sandiganbayan Ruling In a Decision [22] dated September 25, 2020, the Sandiganbayan found Mata guilty beyond reasonable doubt of the crime of violation of Section 3(e) of R.A. No. 3019, and accordingly, sentenced him to suffer the penalties of imprisonment for an indeterminate period of six years and one month, as minimum, to 10 years, as maximum, and perpetual disqualification from holding public office. However, Tallado and Dela Cruz were acquitted on reasonable doubt. [23] In convicting Mata, the Sandiganbayan pointed out that as the provincial legal officer, he had the primary responsibility to soundly advise Tallado on all legal matters involving the Province of Camarines Norte consistent with upholding the rule of law. However, Mata, in utter breach of explicit provisions of law and prevailing rules, gav