MANILA, Philippines — The Court of Appeals has reversed the Office of the Ombudsman’s dismissal of former Makati Mayor Jejomar “Erwin” Binay Jr. over the allegedly anomalous P2.28-billion Makati City Hall Building II project.
The CA’s 10th Division, in a 159-page ruling dated May 3, granted Binay’s Petition for Review. It held that "[t]he Administrative Complaints against Binay are hereby dismissed for being moot and academic on the basis of the condonation doctrine."
Binay filed the appeal before the CA, asserting that the Aguinaldo or condonation doctrine applies to him.
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The said doctrine effectively extinguishes the administrative liability of a reelected official for an act committed in his previous term.
In November 2015, the Supreme Court ruled that the doctrine, which became part of Philippine jurisprudence in 1959, has no basis in the 1987 Constitution and in law. It also ruled, however, that abandonment of the doctrine would not be retroactive.
The Office of the Ombudsman dismissed Binay in October 2015 after it found the Makati mayor guilty of administrative charges of grave misconduct and intellectual dishonesty over the construction of the controversial building. It also said that the condonation doctrine does not apply to Binay.
“Given the factual circumstances herein and the prevailing jurisprudence, this court holds that the undisputed and subsequent reelection of Binay, Jr. in the year 2013 is a condonation of his administrative liabilities,” the CA said.
“In the same token, this court agrees with Binay, Jr. that the condonation doctrine still applies to his case notwithstanding the approval of the aforementioned [Disbursement Vouchers] as these pertained to payment of services contracted during his prior term,” the CA added.
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The CA added: "Clearly, these pertained to acts which transpired before Binay, Jr., was subsequently elected and continued in public office on May 14, 2013. It is uncontroverted that Binay, Jr. served as the City Mayor of Makati from June 28, 2010, and was re-elected into the same office on May 14, 2013."
The decision was penned by Associate Justice Edwin Sorongon. Concurring are Associate Justices Sesinando Villon and Maria Filomena Singh.
The doctrine of condonation does not apply to criminal charges.