The Commission on Audit (COA) has denied the P9.1 million in backwages and benefits claimed by a former National Library of the Philippines (NLP) official who was dismissed from the government service when found guilty in an administrative charge in 1996 but was granted executive clemency in 2012.

Denied was the money claim filed by Maria Luisa Castillo Moral, the then chief of the Filipiniana and Asian Division (FAD) of the NLP and chief custodian of all historical documents, books, and other materials of the division.

In denying the claim, COA cited Section 75 of the Uniform Rules on Administrative Cases in the Civil Service dated Aug. 31, 1999. The rules provide that reinstatement with payment of back salaries is due an employee who has been illegally terminated.

"As such, back wages may only be given when an employee has been reinstated to service," the COA explained.

"Here, however, Ms. Moral was not reinstated. The executive clemency given to her was merely removal of the said administrative disabilities (cancellation of eligibility, forfeiture of retirement benefits, perpetual disqualification from holding public office, and bar from taking civil service examinations) inherent in the penalty meted against her for the administrative case, which became final and executory before the CSC," it said.

It also said that the clemency is not tantamount to reinstatement but only permits her to apply once again for employment with the government as a civil servant.

"In short, her removal from service is justified and is not deemed illegal. Thus, she is not entitled to back wages nor is she worthy of receiving benefits and renumeration because she was separated from government service because of the finding of guilt for the administrative charges against her," it added.

Moral was initially charged with qualified theft before the Manila regional trial court (RTC) for the missing 51 items consisting of historical documents stored at Vaults 1 and 2 of the Rare Manuscript Section of the FAD.

But the RTC acquitted her of the charge in 2008 when the prosecution failed to prove the charge of unlawful taking and intent to gain.

However, Moral was also charged administratively for dishonesty, grave misconduct, and conduct prejudicial to the best interest of the service. She was accused of causing the "pilferage" of some historical documents from the vaults of the FAD, and she was found to have in her possession, without legal authority and administrative justification, 41 items of historical documents identified as missing from the two vaults.

Former Department of Education (DepEd) Secretary Ricardo T. Gloria found Moral guilty of the administrative offenses in 1996 and was ordered dismissed with forfeiture of her retirement benefits and other remunerations.

In 2007, the Civil Service Commission (CSC) favorably recommended the removal of the administrative penalties or disabilities imposed on Moral. Then DepEd Secretary Armin A. Luistro endorsed the CSC's recommendation. The CSC, in turn, recommended to the Office of the President (OP) the removal of Moral's penalties and disabilities.

At first, the OP denied the CSC's recommendation with a ruling that Moral did not admit her guilty. On a motion for reconsideration, the OP granted the executive clemency.

Moral thereafter filed with COA the payment of his backwages and benefits from 1996 to 2012.. The claim was denied.