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Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. L-47005             January 31, 1940

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
LAZARO MANAGO, petitioner-appellant.

Francisco M. Ramos and Lorenzo P. Navarro for the appellant.
Office of the Solicitor-General Ozaeta for the appellee.

MORAN, J.:

In virtue of a criminal proceeding for malversation of public funds instituted against him, petitioner-appellant was suspended from office on June 16, 1935. On July 30, 1937, judgement was rendered acquitting him of the charge. Two years thereafter, appellant filed a petition with the trial court, praying that, by reason of his acquittal in the criminal proceeding aforementioned, a supplemental decision b entered ordering the payment of his salary during the period of his suspension from office. The petition was denied and to the order of denial, he interpose the present appeal.

We hold that the petition was rightly denied. In a criminal proceedings against an accused, the judgment that the law authorizes to be rendered, is either one of acquittal or conviction with indemnity and the accessory penalties provided for by law. The payment of salary of an employee during the period of his suspension cannot, as a general rule, be properly decreed by the trial court in a judgment of acquittal. It devolves upon the head of the department concerned, and is discretionary with him. (Sec. 260, Rev. Adm. Code.)

Besides the petition was filed after the lapse of two years from the rendition of the judgment. The effect of the petition if granted, would be to modify a final judgment by adding thereto a relief which was not originally contemplated therein. That such cannot be done is the law and the settled rule of this Court.

The appealed order is affirmed, with costs against petitioner.

Avanceña, C.J., Villa-Real, Imperial, Diaz and Laurel, JJ., concur.

The Lawphil Project - Arellano Law Foundation

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