Académique Documents
Professionnel Documents
Culture Documents
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* EN BANC.
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647
QUIASON, J.:
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649
650
It appearing that the status quo ante litem motam, or the last
peaceable uncontested status which preceded the present
controversy was the situation obtaining at the time of the filing of
the petition at bar on September 7, 1992 wherein petitioners were
then actually occupying their respective positions, the Court
hereby ORDERS that petitioners be allowed to perform the duties
of their respective positions and to receive such salaries and
benefits as they may be lawfully entitled to, and that respondents
and/or any and all persons acting under their authority desist and
refrain from performing any act in violation of the aforementioned
Resolution of September 22, 1992 until further orders from the
Court (Attached to Rollo after p. 615 thereof).
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that can easily mislead, unless one bears in mind that what
the Ombudsman imposed on petitioners was not a punitive
but only a preventive suspension.
When the Constitution vested on the Ombudsman the
power to recommend the suspension of a public official or
employees (Sec. 13 [3]), it referred to suspension, as a
punitive measure. All the words associated with the word
suspension in said provision referred to penalties in
administrative cases, e.g. removal, demotion, fine, censure.
Under the rule of Noscitor a sociis, the word suspension
should be given the same sense as the other words with
which it is associated. Where a particular word is equally
susceptible of various meanings, its correct construction
may be made specific by considering the company of terms
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653
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655
CONCURRING OPINION
BELLOSILLO, J.:
658
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o0o
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