MANILA, Philippines – Makati City Mayor Jejomar Erwin “Junjun” Binay Jr. could still invoke the condonation doctrine in questioning his dismissal by the ombudsman, three legal experts said yesterday.
Former University of the Philippines law dean Pacifico Agabin, former Integrated Bar of the Philippines president Vicente Joyas and former University of the East law dean Amado Valdez believe that the prospective application of the Supreme Court (SC) ruling last week abandoning the condonation doctrine could actually benefit Binay.
They all agreed that Binay may still invoke the doctrine, which condones administrative liability of reelected officials for acts committed in a previous term.
In its ruling, the SC held that the condonation doctrine, which became part of Philippine jurisprudence in 1959 upon a ruling by the high?court, should be abandoned for lack of basis in the 1987 Philippine?Constitution and law. The majority, however, ruled that the?application of the abandonment should be prospective.
The three legal experts rebutted an earlier opinion of SC spokesman Theodore Te, who said Binay could no longer invoke the doctrine against his dismissal, which stemmed from the same charges related to the alleged overpricing in the construction of the Makati City Hall Building II.