Office of The Ombudsman vs. Vergara G.R. No. 216871. December 6, 2017.

7/12/2020 SUPREME COURT REPORTS ANNOTATED 848
G.R. No. 216871. December 6, 2017.*

OFFICE OF THE OMBUDSMAN, petitioner, vs. MAYOR JULIUS
CESAR VERGARA, respondent.
Administrative Law; Public Officers; Condonation Doctrine; In

November 10, 2015, the Supreme Court (SC), in Conchita Carpio Morales v.
CA and Jejomar Binay, Jr., 774 SCRA 431 (2015), extensively discussed the
doctrine of condonation and ruled that such doctrine has no legal authority
in this jurisdiction.—In November 10, 2015, this Court, in Conchita Carpio
Morales v. CA and Jejomar Binay, Jr., 774 SCRA 431 (2015), extensively
discussed the doctrine of condonation and ruled that such doctrine has no
legal authority in this jurisdiction. As held in the said decision: The
foundation of our entire legal system is the Constitution. It is the supreme
law of the land; thus, the unbending rule is that every statute should be read
in light of the Constitution. Likewise, the Constitution is a framework of a
workable government; hence, its interpretation must take into account the
complexities, realities, and politics attendant to the operation of the political
branches of government. As earlier inti-
_______________
* SECOND DIVISION.
152
152 SUPREME COURT REPORTS ANNOTATED

Office of the Ombudsman vs. Vergara
mated, Pascual was a decision promulgated in 1959. Therefore, it was

decided within the context of the 1935 Constitution which was silent with
respect to public accountability, or of the nature of public office being a
public trust. The provision in the 1935 Constitution that comes closest in
dealing with public office is Section 2, Article II which states that “[t]he
defense of the State is a prime duty of government, and in the fulfillment of
this duty all citizens may be required by law to render personal military or
civil service.” Perhaps owing to the 1935 Constitution’s silence on public
accountability, and considering the dearth of jurisprudential rulings on the
central.com.ph/sfsreader/session/0000017341f5913bb81416e3003600fb002c009e/t/?o=False 1/20
matter, as well as the variance in the policy considerations, there was no

glaring objection confronting the Pascual Court in adopting the condonation
doctrine that originated from select US cases existing at that time. With the
advent of the 1973 Constitution, the approach in dealing with public officers
underwent a significant change. The new charter introduced an entire article
on accountability of public officers, found in Article XIII. Section 1 thereof
positively recognized, acknowledged, and declared that “[p]ublic office is a
public trust.” Accordingly, “[p]ublic officers and employees shall serve with
the highest degree of responsibility, integrity, loyalty and efficiency, and
shall remain accountable to the people.” After the turbulent decades of
Martial Law rule, the Filipino People have framed and adopted the 1987
Constitution, which sets forth in the Declaration of Principles and State
Policies in Article II that “[t]he State shall maintain honesty and integrity in
the public service and take positive and effective measures against graft and
corruption.” Learning how unbridled power could corrupt public servants
under the regime of a dictator, the Framers put primacy on the integrity of
the public service by declaring it as a constitutional principle and a State
policy. More significantly, the 1987 Constitution strengthened and solidified
what has been first proclaimed in the 1973 Constitution by commanding
public officers to be accountable to the people at all times.
Same; Same; Same; Prospectivity of Laws; The abandonment of the
doctrine of condonation is prospective in application, hence, the same
doctrine is still applicable in cases that transpired prior to the ruling of the
Supreme Court (SC) in Carpio-Morales v. CA and Jejomar Binay, Jr., 774
SCRA 431 (2015).—The above ruling, however, was explicit in its
pronouncement that the abandonment of the doctrine of condonation is
prospective in application, hence, the same
153
VOL. 848, DECEMBER 6, 2017 153

doctrine is still applicable in cases that transpired prior to the ruling of

this Court in Carpio Morales v. CA and Jejomar Binay, Jr., 774 SCRA 431
(2015). Thus: It should, however, be clarified that this Court’s abandonment
of the condonation doctrine should be prospective in application for the
reason that judicial decisions applying or interpreting the laws or the
Constitution, until reversed, shall form part of the legal system of the
Philippines. Unto this Court devolves the sole authority to interpret what the
Constitution means, and all persons are bound to follow its interpretation.
As explained in De Castro v. Judicial Bar Council, 618 SCRA 639 (2010).
Judicial decisions assume the same authority as a statute itself and, until
authoritatively abandoned, necessarily become, to the extent that they are
applicable, the criteria that must control the actuations, not only of those
called upon to abide by them, but also of those duty-bound to enforce
obedience to them. Hence, while the future may ultimately uncover a
doctrine’s error, it should be, as a general rule, recognized as “good law”
prior to its abandonment. Consequently, the people’s reliance thereupon
should be respected. The landmark case on this matter is People v. Jabinal,
55 SCRA 607 (1974), wherein it was ruled: [W]hen a doctrine of this Court
is overruled and a different view is adopted, the new doctrine should be
applied prospectively, and should not apply to parties who had relied on the
old doctrine and acted on the faith thereof.
Same; Same; Same; In Giron v. Ochoa, 819 SCRA 103 (2017), the
Supreme Court (SC) recognized that the doctrine can be applied to a public
officer who was elected to a different position provided, that it is shown that
the body politic electing the person to another office is the same.—The
application of the doctrine does not require that the official must be
reelected to the same position in the immediately succeeding election. In
Giron v. Ochoa, 819 SCRA 103 (2017), the Court recognized that the
doctrine can be applied to a public officer who was elected to a different
position provided, that it is shown that the body politic electing the person
to another office is the same. Thus, the Court ruled: On this issue,
considering the ratio decidendi behind the doctrine, the Court agrees with
the interpretation of the administrative tribunals below that the condonation
doctrine applies to a public official elected to another office. The underlying
theory is that each term is separate from other terms. Thus, in Carpio-
Morales, the basic considerations are the following: first, the penalty of
removal may not be extended beyond the term in
154

which the public officer was elected for each term is separate and
distinct; second, an elective official’s reelection serves as a condonation of
previous misconduct, thereby cutting the right to remove him therefor; and
third, courts may not deprive the electorate, who are assumed to have
known the life and character of candidates, of their right to elect officers. In
this case, it is a given fact that the body politic, who elected him to another
office, was the same.
Same; Same; Same; The most important consideration in the doctrine
of condonation is the fact that the misconduct was done on a prior term and
that the subject public official was eventually reelected by the same body
politic. It is inconsequential whether the said reelection be on another
public office or on an election year that is not immediately succeeding the
last, as long as the electorate that reelected the public official be the same.
—The most important consideration in the doctrine of condonation is the
fact that the misconduct was done on a prior term and that the subject public
official was eventually reelected by the same body politic. It is
inconsequential whether the said reelection be on another public office or on
an election year that is not immediately succeeding the last, as long as the
electorate that reelected the public official be the same. In this case, the
respondent was reelected as mayor by the same electorate that voted for him
when the violation was committed. As such, the doctrine of condonation is
applied and the CA did not err in so ruling.
PETITION for review on certiorari of a decision of the Court of

Appeals.
The facts are stated in the opinion of the Court.
Office of the Solicitor General for petitioner.
Michael Angelo Reyes for respondent.
PERALTA, J.:
For this Court’s consideration is the Petition for Review on

Certiorari under Rule 45 of the Rules of Court dated April 6, 2015
of petitioner Office of the Ombudsman that seeks to
156

reverse and set aside the Decision1 dated May 28, 2014 of the Court
of Appeals (CA) in C.A.-G.R. S.P. No. 125841 rendering the penalty
imposed in the Decision2 dated February 7, 2006 and Review Order3
dated June 29, 2012 of petitioner Office of the Ombudsman against
respondent Mayor Julius Cesar Vergara (Mayor Vergara) for
violation of Section 5(a) of Republic Act (R.A.) No. 6713
inapplicable due to the doctrine of condonation.
The facts follow.
A complaint was filed by Bonifacio G. Garcia, on June 21, 2005
before petitioner’s Office of the Environmental Ombudsman against
respondent Mayor Julius Cesar Vergara and then Vice Mayor Raul
Mendoza (Vice Mayor Mendoza). Respondent Mayor Vergara was
then serving as Mayor of Cabanatuan City for his third term (2004-
2007).
According to the complainant, respondent Vergara and then Vice
Mayor Mendoza maintained for quite a long time an open burning
dumpsite located at the boundaries of Barangays San Isidro and
Valle Cruz in Cabanatuan City, which has long been overdue for
closure and rehabilitation. He claimed that the dumpsite is now a
four-storey high mountain of mixed garbage exposing the residents
of at least eighty-seven (87) barangays of Cabanatuan City to all
toxic solid wastes. He further alleged that respondent Mayor Vergara
and then Vice Mayor Mendoza ordered and permitted the littering
and dumping of the solid wastes in the said area causing
immeasurable havoc to the health of the residents of Cabanatuan and
that despite the enactment of R.A. 9003, respondent Mayor Vergara
and then Vice Mayor Mendoza allowed and permitted the collection
of non-segregated and
_______________
1 Penned by Associate Justice Mario V. Lopez, with the concurrence of Associate

Justices Jose C. Reyes, Jr. and Socorro B. Inting; Rollo, pp. 37-43.
2 Id., at pp. 69-75.
3 Id., at pp. 82-85.
156

unsorted wastes. It was also alleged that respondent Mayor Vergara

and then Vice Mayor Mendoza ignored the complaints from local
residents and the letters from the authorities of the Department of
Environment and Natural Resources (DENR) and from the
Commissioner of the National Solid Waste Management ordering
them to comply with the provisions of the said law.
In their Joint Counter-Affidavit,4 both respondent Mayor Vergara
and then Vice Mayor Mendoza denied that they wilfully and grossly
neglected the performance of their duties pursuant to R.A. 9003.
They claimed that since 1999, they were already aware about the
growing problem of garbage collection in Cabanatuan City. They
also contended that even before the enactment of RA 9003, they
have already prepared a master plan for the transfer of the city
dumpsite in Barangay Valle into an agreement with Lacto Asia
Pacific Corporation for the establishment of Materials Recovery
Facility at the motorpool compound of Cabanatuan City as a
permanent solution to the garbage problem.
Respondent Mayor Vergara was found guilty by Graft
Investigation and Prosecution Officer II Ismaela B. Boco for
violation of Section 5(a) of R.A. No. 6713, or the Code of Conduct
and Ethical Standards for Public Officials and Employees which
provides that:
Section 5. Duties of Public Officials and Employees.—In the

performance of their duties, all public officials and employees are
under obligation to:
(a) Act promptly on letter and requests.—All public officials
and employees shall, within fifteen (15) working days from receipt
thereof, respond to letters, telegrams or other means of
communications sent by the public. The reply must contain the action
taken on the request.
_______________
4 Id., at pp. 62-68.
157
VOL. 848, DECEMBER 6, 2017 157

As such, petitioner imposed a penalty on respondent which reads

as follows:
x x x Accordingly, he is meted the penalty of Suspension for six

(6) months from the government service pursuant to Section 10, Rule
III of the Administrative Order No. 7, this Office, in relation to
Section 25 of Republic Act No. 6770.
It is further recommended that both respondents, JULIUS CESAR
VERGARA and RAUL P. MENDOZA be administratively liable for
NEGLECT OF DUTY for failing to implement RA 9003.

Accordingly, each of them is meted the penalty of Suspension for six
(6) months from the government service pursuant to Section 10, Rule
III of the Administrative Order No. 7, this Office, in relation to
Section 25 of Republic Act No. 6770.5
Respondent filed a motion for reconsideration contending that the

assailed decision that meted him the penalty of suspension for six
(6) months from government service cannot be implemented or
enforced as the same runs counter to the established doctrine of
condonation, since he was reelected as Mayor of Cabanatuan City
on May 10, 2010.
The petitioner, in its Review Order dated June 29, 2012, affirmed
the Decision dated February 7, 2006 but modified the penalty
imposed, thus:
PREMISES CONSIDERED, the Decision dated 7 February

2006 is hereby AFFIRMED with modification. The penalty imposed
on respondent-movant Julius Cesar V. Vergara for failure to act
promptly on letters and requests is reduced from six-month
suspension to reprimand in light of the foregoing disquisition.
SO ORDERED.6
_______________
5 Id., at p. 74.
6 Id., at p. 85.
158

Aggrieved, respondent filed a petition for review with the CA.

Respondent then filed a Motion and Manifestation dated May 16,
2013, which the CA noted, alleging that his reelection as Mayor of
Cabanatuan City in the May 2010 elections eliminated the break
from his service as Mayor and, thus, qualified his case for the
application of the doctrine of condonation.
The CA, on May 28, 2014, granted respondent’s petition. The
CA ruled that there is no reason for it to reverse the findings of the
Office of the Ombudsman, however, the appellate court held that
respondent may no longer be held administratively liable for
misconduct committed during his previous term based on the
doctrine of condonation, thus:
xxxx
Contrary to the ratiocination of the Office of the Ombudsman, the
application of the doctrine does not require that the official must be
reelected to the same position in the immediately succeeding
election. The Supreme Court’s rulings on the matter do not
distinguish the precise timing or period when the misconduct was
committed, reckoned from the date of the official’s reelection, except

that it must be prior to said date. Thus, when the law does not
distinguish, the courts must not distinguish.
FOR THESE REASONS, the petition is GRANTED.
SO ORDERED.7
Petitioner filed a motion for partial reconsideration contending

that the reelection referred to in the doctrine of condonation refers to
the immediately succeeding election. The CA, in its Resolution
dated February 5, 2015, denied the motion for reconsideration.
_______________
7 Id., at pp. 42-43.
159
VOL. 848, DECEMBER 6, 2017 159

Hence, the present petition with the following grounds:

I.
THE COURT OF APPEALS ERRED WHEN IT HELD THAT
RESPONDENT MAY NO LONGER BE HELD
ADMINISTRATIVELY LIABLE FOR MISCONDUCT
COMMITTED DURING HIS PREVIOUS TERM OF OFFICE
BASED ON THE DOCTRINE OF CONDONATION.
II.
ASSUMING ARGUENDO THAT THE DOCTRINE OF
CONDONATION IS APPLICABLE TO THE CASE AT BAR,
PETITIONER RESPECTFULLY BESEECHES THIS
HONORABLE COURT TO REEXAMINE SAID DOCTRINE IN
LIGHT OF THE 1987 CONSTITUTION’S MANDATE THAT
PUBLIC OFFICE IS A PUBLIC TRUST.8
According to petitioner, the term reelection, as applied in the

doctrine of condonation, is used to refer to an election immediately
preceding a term of office and it is not used to refer to a subsequent
reelection following the three-term limit break considering that it is
an incumbent official serving the three-term limit break who is said
to be seeking re-election. It further argues that the factual
circumstances of respondent do not warrant the application of the
doctrine of condonation considering that the same doctrine is
applied only to cases where the subject public officials were elected
to the same position in the immediately succeeding election.
Petitioner, likewise, contends that assuming that the doctrine of
condonation is applicable in this case, such doctrine contradicts the
1987 Constitution and the present public policy.
In his Comment dated September 23, 2015, respondent insists
that he did not violate any law and that if he is indeed
_______________
8 Id., at p. 20.
160

guilty of violating R.A. 9003, the doctrine of condonation must be

applied by virtue of his reelection.
The petition lacks merit.
Basically, this Court is presented with the single issue of whether
or not respondent is entitled to the doctrine of condonation.
In November 10, 2015, this Court, in Conchita Carpio Morales v.
CA and Jejomar Binay, Jr.,9 extensively discussed the doctrine of
condonation and ruled that such doctrine has no legal authority in
this jurisdiction. As held in the said decision:
The foundation of our entire legal system is the Constitution. It is

the supreme law of the land;10 thus, the unbending rule is that every
statute should be read in light of the Constitution.11 Likewise, the
Constitution is a framework of a workable government; hence, its
interpretation must take into account the complexities, realities, and
politics attendant to the operation of the political branches of
government.12
As earlier intimated, Pascual was a decision promulgated in 1959.
Therefore, it was decided within the context of the 1935 Constitution
which was silent with respect to public accountability, or of the
nature of public office being a public trust. The provision in the 1935
Constitution that comes closest in dealing with public office is
Section 2, Article II which states that “[t]he defense of the State is a
prime duty of government, and in the fulfillment of this duty all
citizens may be required by law
_______________
9 G.R. Nos. 217126-27, November 10, 2015, 774 SCRA 431, 540-542.
10 Chavez v. Judicial and Bar Council, 691 Phil. 173, 208; 676 SCRA 579, 607
(2012).
11 Teehankee v. Rovira, 75 Phil. 634, 646 (1945), citing II Am. Jur.,
Constitutional Law, Section 96.
12 Philippine Constitution Association v. Enriquez, 305 Phil. 546, 566; 235
SCRA 506, 523 (1994).
161
VOL. 848, DECEMBER 6, 2017 161

to render personal military or civil service.”13 Perhaps owing to the

1935 Constitution’s silence on public accountability, and considering
the dearth of jurisprudential rulings on the matter, as well as the
variance in the policy considerations, there was no glaring objection

confronting the Pascual Court in adopting the condonation doctrine
that originated from select US cases existing at that time.
With the advent of the 1973 Constitution, the approach in dealing
with public officers underwent a significant change. The new charter
introduced an entire article on accountability of public officers, found
in Article XIII. Section 1 thereof positively recognized,
acknowledged, and declared that “[p]ublic office is a public trust.”
Accordingly, “[p]ublic officers and employees shall serve with the
highest degree of responsibility, integrity, loyalty and efficiency, and
shall remain accountable to the people.”
After the turbulent decades of Martial Law rule, the Filipino
People have framed and adopted the 1987 Constitution, which sets
forth in the Declaration of Principles and State Policies in Article II
that “[t]he State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and
corruption.”14 Learning how unbridled power could corrupt public
servants under the regime of a dictator, the Framers put primacy on
the integrity of the public service by declaring it as a constitutional
principle and a State policy. More significantly, the 1987 Constitution
strengthened and solidified what has been first proclaimed in the
1973 Constitution by commanding public officers to be accountable
to the people at all times:
Section 1. Public office is a public trust. Public officers
and employees must at all times be accountable to the people,
serve them with utmost responsibility, integrity, loy-
_______________
13 See Silos, Miguel U., A Re-examination of the Doctrine of Condonation of

Public Officers, 84, Phil. LJ 22, 69 (2009), pp. 26-27.
14 Section 27, Article II.
162

alty, and efficiency and act with patriotism and justice, and
lead modest lives.
In Belgica, it was explained that:
[t]he aphorism forged under Section 1, Article XI of the
1987 Constitution, which states that “public office is a public
trust,” is an overarching reminder that every instrumentality of
government should exercise their official functions only in
accordance with the principles of the Constitution which
embodies the parameters of the people’s trust. The notion of a
public trust connotes accountability x x x.15
The same mandate is found in the Revised Administrative Code
under the section of the Civil Service Commission,16 and also, in the
Code of Conduct and Ethical Standards for Public Officials and
Employees.17
_______________
15 Belgica v. Ochoa, 721 Phil. 416, 556; 710 SCRA 1, 131 (2013), citing Bernas,
Joaquin G., S.J., The 1987 Constitution of the Republic of the Philippines: A
Commentary, p. 1108, 2003 ed.
16 Section 1. Declaration of Policy.—The State shall insure and promote the
Constitutional mandate that appointments in the Civil Service shall be made only
according to merit and fitness; that the Civil Service Commission, as the central
personnel agency of the Government shall establish a career service, adopt measures
to promote morale, efficiency, integrity, responsiveness, and courtesy in the civil
service, strengthen the merit and rewards system, integrate all human resources
development programs for all levels and ranks, and institutionalize a management
climate conducive to public accountability; that public office is a public trust and
public officers and employees must at all times be accountable to the people; and
that personnel functions shall be decentralized, delegating the corresponding authority
to the departments, offices and agencies where such functions can be effectively
performed. (Section 1, Book V, Title I, subtitle A of the Administrative Code of 1987)
(Emphasis supplied)
17 Section 2. Declaration of Policies.—It is the policy of the State to promote a
high standard of ethics in public service. Public
163
VOL. 848, DECEMBER 6, 2017 163

For local elective officials like Binay, Jr., the grounds to

discipline, suspend or remove an elective local official from office
are stated in Section 60 of Republic Act No. 7160,18 otherwise
known as the “Local Government Code of 1991” (LGC), which was
approved on October 10, 1991, and took effect on January 1, 1992:
Section 60. Grounds for Disciplinary Action.—An
elective local official may be disciplined, suspended, or
removed from office on any of the following grounds:
(a) Disloyalty to the Republic of the Philippines;
(b) Culpable violation of the Constitution;
(c) Dishonesty, oppression, misconduct in office,
gross negligence, or dereliction of duty;
(d) Commission of any offense involving moral
turpitude or an offense punishable by at least prisión
mayor;
(e) Abuse of authority;
(f) Unauthorized absence for fifteen (15)
consecutive working days, except in the case of
members of the sangguniang panlalawigan,
sangguniang panlunsod, sanggunian bayan, and
sangguniang barangay;
(g) Application for, or acquisition of, foreign
citizenship or
_______________
officials and employees shall at all times be accountable to the people and shall
discharge their duties with utmost responsibility, integrity, competence, and
loyalty, act with patriotism and justice, lead modest lives, and uphold public
interest over personal interest. See Section 2, RA No. 6713 (approved on February
20, 1989). (Emphasis supplied)
18 Entitled“A A P L G C 1991”
(approved on October 10 1991).
164

residence or the status of an immigrant of another

country; and
(h) Such other grounds as may be provided in this
Code and other laws.
An elective local official may be removed from office on
the grounds enumerated above by order of the proper court.
Related to this provision is Section 40(b) of the LGC
which states that those removed from office as a result of an
administrative case shall be disqualified from running for any
elective local position:
Section 40. Disqualifications.—The following
persons are disqualified from running for any elective
local position:
xxxx
(b) Those removed from office as a result of an
administrative case;
xxxx
In the same sense, Section 52(a) of the RRACCS provides
that the penalty of dismissal from service carries the accessory
penalty of perpetual disqualification from holding public
office:
Section 52. Administrative Disabilities Inherent
in Certain Penalties.—
The penalty of dismissal shall carry with it
cancellation of eligibility, forfeiture of retirement
benefits, perpetual disqualification from holding public
office, and bar from taking the civil service
examinations.
In contrast, Section 66(b) of the LGC states that the
penalty of suspension shall not exceed the unexpired term of
the elective local official nor constitute a bar to his candidacy
for as long as he meets the qualifications required for the
office. Note, however, that the provision only pertains to the
duration of the penalty and its effect
165
VOL. 848, DECEMBER 6, 2017 165

on the official’s candidacy. Nothing therein states that the

administrative liability therefor is extinguished by the fact of
reelection:
Section 66. Form and Notice of Decision.—x x x.
xxxx
(b) The penalty of suspension shall not exceed the
unexpired term of the respondent or a period of six (6) months
for every administrative offense, nor shall said penalty be a
bar to the candidacy of the respondent so suspended as long as
he meets the qualifications required for the office.
Reading the 1987 Constitution together with the above cited
legal provisions now leads this Court to the conclusion that the
doctrine of condonation is actually bereft of legal bases.
To begin with, the concept of public office is a public trust and
the corollary requirement of accountability to the people at all times,
as mandated under the 1987 Constitution, is plainly inconsistent with
the idea that an elective local official’s administrative liability for a
misconduct committed during a prior term can be wiped off by the
fact that he was elected to a second term of office, or even another
elective post. Election is not a mode of condoning an administrative
offense, and there is simply no constitutional or statutory basis in our
jurisdiction to support the notion that an official elected for a
different term is fully absolved of any administrative liability arising
from an offense done during a prior term. In this jurisdiction, liability
arising from administrative offenses may be condoned by the
President in light of Section 19, Article VII of the 1987 Constitution
which was interpreted in Llamas v. Orbos19 to apply to administrative
offenses:
_______________
19 279 Phil. 920, 937; 202 SCRA 844, 857 (1991).
166

x x x The Constitution does not distinguish between

which cases executive clemency may be exercised by
the President, with the sole exclusion of impeachment
cases. By the same token, if executive clemency may
be exercised only in criminal cases, it would indeed be
unnecessary to provide for the exclusion of
impeachment cases from the coverage of Article VII,
Section 19 of the Constitution. Following petitioner’s
proposed interpretation, cases of impeachment are
automatically excluded inasmuch as the same do not
necessarily involve criminal offenses.
In the same vein, We do not clearly see any valid

and convincing, reason why the President cannot grant
executive clemency in administrative cases. It is Our
considered view that if the President can grant
reprieves, commutations and pardons, and remit fines
and forfeitures in criminal cases, with much more
reason can she grant executive clemency in
administrative cases, which are clearly less serious than
criminal offenses.
Also, it cannot be inferred from Section 60 of the LGC that

the grounds for discipline enumerated therein cannot anymore be
invoked against an elective local official to hold him administratively
liable once he is
reelected to office. In fact, Section 40(b) of the LGC precludes
condonation since in the first place, an elective local official who is
meted with the penalty of removal could not be reelected to an
elective local position due to a direct disqualification from running
for such post. In similar regard, Section 52(a) of the RRACCS
imposes a penalty of perpetual disqualification from holding public
office as an accessory to the penalty of dismissal from service.
To compare, some of the cases adopted in Pascual were
decided by US State jurisdictions wherein the doc-
167
VOL. 848, DECEMBER 6, 2017 167

trine of condonation of administrative liability was supported by

either a constitutional or statutory provision stating, in effect, that an
officer cannot be removed by a misconduct committed during a
previous term,20 or that the disqualification to hold the office does
not extend beyond the term in which the official’s delinquency
occurred.21 In one case,22 the absence of a provision against the
reelection of an officer removed — unlike Section
_______________
20 In Fudula’s Petition (297 Pa. 364; 147 A. 67 [1929]), the Supreme Court of
Pennsylvania cited (a) 29 Cyc. 1410 which states: “Where removal may be made for
cause only, the cause must have occurred during the present term of the officer.
Misconduct prior to the present term even during a preceding term will not justify a
removal”; and (b) “x x x Penal Code [Cal.], paragraph 772, providing for the removal
of officers for violation of duty, which states “a sheriff cannot be removed from
office, while serving his second term, for offenses committed during his first term.”
In Board of Commissioners of Kingfisher County v. Shutler (139 Okla.
52; 281 P. 222 [1929]), the Supreme Court of Oklahoma held that “[u]nder Section
2405, C. O. S. 1921, the only judgment a court can render on an officer being
convicted of malfeasance or misfeasance in office is removal from office and an
officer cannot be removed from office under said section for acts committed by him
while holding the same office in a previous term.”
21 In State v. Blake (138 Okla. 241; 280 P. 833 [1929]), the Supreme Court of
Oklahoma cited State ex ref. Hill, County Attorney v. Henschel, 175 P. 393, wherein it
was said: “Under the Ouster Law (Section 7603 of the General Statutes of 1915-Code
Civ. Proc. 686a-), a public officer who is guilty of willful misconduct in office forfeits
his right to hold the office for the term of his election or appointment; but the
disqualification to hold the office does not extend beyond the term in which his
official delinquency occurred.”
22 In Rice v. State (204 Ark. 236; 161 S.W.2d 401 [1942]), the Supreme Court of
Arkansas cited (a) Jacobs v. Parham, 175 Ark. 86,298 S.W. 483, which quoted a
headnote, that “Under Crawford Moses’ Dig., [(i.e., a digest of statutes in the
jurisdiction of Arkansas)] 10335, 10336, a public officer is not subject to removal
from office because of acts done prior to his present term of office in view of Const.,
Art. 7, 27, containing no provision against reelection of officer removed for any of the
reasons named therein.”
168

40(b) of the LGC — was the justification behind condonation. In

another case,23 it was deemed that condonation through reelection
was a policy under their constitution — which adoption in this
jurisdiction runs counter to our present Constitution’s requirements
on public accountability. There was even one case where the doctrine
of condonation was not adjudicated upon but only invoked by a party
as a ground;24 while in another case, which was not reported in full in
the official series, the crux of the disposition was that the evidence of
a prior irregularity in no way pertained to the charge at issue and
therefore, was deemed to be incompetent.25 Hence, owing to ei-
_______________
23 In State ex rel. Brickell v. Hasty (184 Ala. 121; 63 So. 559 [1913]), the
Supreme Court of Alabama held: “x x x If an officer is impeached and removed, there
is nothing to prevent his being elected to the identical office from which he was
removed for a subsequent term, and, this being true, a reelection to the office would
operate as a condonation under the Constitution of the officer’s conduct during the
previous term, to the extent of cutting off the right to remove him from subsequent
term for said conduct during the previous term. It seems to be the policy of our
Constitution to make each term independent of the other, and to disassociate the
conduct under one term from the qualification or right to fill another term, at least, so
far as the same may apply to impeachment proceedings, and as distinguished from the
right to indict and convict an offending official.”
24 In State Ex Rel. V. Ward (163 Tenn. 265; 43 S.W.2d. 217 [1931]), decided by
the Supreme Court of Tennessee, Knoxville, it appears to be erroneously relied upon
in Pascual, since the proposition “[t]hat the Acts alleged in paragraph 4 of the petition
involved contracts made by defendant prior to his present term for which he cannot
now be removed from office” was not a court ruling but an argument raised by the
defendant in his demurrer.
25 In Conant v. Grosan (6 N.Y.S.R. 322 [1887]), which was cited in Newman v.
Strobel (236 A.D. 371; 259 N.Y.S. 402 [1932]; decided by the Supreme Court of New
York, Appellate Division) reads: “Our attention is called to Conant v. Grogan (6 N.Y.
St. Repr. 322; 43 Hun, 637) and Matter of King (25 N.Y. St. Repr. 792; 53 Hun, 631),
both of which decisions are of the late General Term, and neither of
169
VOL. 848, DECEMBER 6, 2017 169

ther their variance or inapplicability, none of these cases can be used

as basis for the continued adoption of the condonation doctrine under
our existing laws.
At best, Section 66(b) of the LGC prohibits the enforcement of
the penalty of suspension beyond the unexpired portion of the
elective local official’s prior term, and likewise allows said official to
still run for reelection. This treatment is similar to People ex rel
Bagshaw v. Thompson26 and Montgomery v. Novell27 both cited in
Pascual, wherein it was ruled that an officer cannot be suspended for
a misconduct committed during a prior term. However, as previously
stated, nothing in Section 66(b) states that the elective local official’s
administrative liability is extinguished by the fact of reelection.
_______________
which is reported in full in the official series. While there are expressions in each
opinion which at first blush might seem to uphold respondent’s theory, an
examination of the cases discloses the fact that the charge against each official related
to acts performed during his then term of office, and evidence of some prior
irregularity was offered which in no way pertained to the charge in issue. It was
properly held that such evidence was incompetent. The respondent was not called
upon to answer such charge, but an entirely separate and different one.”
26 In People ex rel. Basshaw v. Thompson (55 Cal. App. 2d 147; 130 P.2d.237
[1942]), the Court of Appeal of California, First Appellate District cited Thurston v.
Clark, (107 Cal. 285, 40 P. 435), wherein it was ruled: “The Constitution does not
authorize the governor to suspend an incumbent of the office of county commissioner
for an act of malfeasance or misfeasance in office committed by him prior to the date
of the beginning of his current term of office as such county commissioner.”
27 Montgomery v. Nowell (183 Ark. 1116; 40 S.W.2d 418 [1931]; decided by the
Supreme Court of Arkansas), the headnote reads as follows: “Crawford & Moses’
Dig., 10, 335, providing for suspension of an officer on presentment or indictment for
certain causes including malfeasance, in office does not provide for suspension of an
officer on being indicted for official misconduct during a prior term of office.”
170

Thus, at all events, no legal provision actually supports the theory

that the liability is condoned.
Relatedly, it should be clarified that there is no truth in Pascual’s

postulation that the courts would be depriving the electorate of their
right to elect their officers if condonation were not to be sanctioned.
In political law, election pertains to the process by which a particular
constituency chooses an individual to hold a public office. In this
jurisdiction, there is, again, no legal basis to conclude that election
automatically implies condonation. Neither is there any legal basis
to say that every democratic and republican state has an inherent
regime of condonation. If condonation of an elective official’s
administrative liability would perhaps, be allowed in this
jurisdiction, then the same should have been provided by law under
our governing legal mechanisms. May it be at the time of Pascual or
at present, by no means has it been shown that such a law, whether
in a constitutional or statutory provision, exists. Therefore, inferring
from this manifest absence, it cannot be said that the electorate’s will
has been abdicated.
Equally infirm is Pascual’s proposition that the electorate, when
reelecting a local official, are assumed to have done so with
knowledge of his life and character, and that they disregarded or
forgave his faults or misconduct, if he had been guilty of any.
Suffice it to state that no such presumption exists in any statute or
procedural rule.28 Besides, it is contrary to human experience that
the electorate would have full knowledge of a public official’s
misdeeds. The Ombudsman correctly points out the reality that most
corrupt acts by public officers are shrouded in secrecy, and
concealed from the public. Misconduct committed by an elective
official is easily covered up, and is almost always unknown to the
electorate when
_______________
28 See Chief Justice Maria Lourdes P. A. Sereno’s interpellation, TSN of the Oral
Arguments, April 14, 2015, p. 43.
171
VOL. 848, DECEMBER 6, 2017 171

they cast their votes.29 At a conceptual level, condonation

presupposes that the condoner has actual knowledge of what is to be
condoned. Thus, there could be no condonation of an act that is
unknown. As observed in Walsh v. City Council of Trenton30 decided
by the New Jersey Supreme Court:
Many of the cases holding that reelection of a public

official prevents his removal for acts done in a preceding term
of office are reasoned out on the theory of condonation. We
cannot subscribe to that theory because condonation, implying
as it does forgiveness, connotes knowledge and in the absence
of knowledge there can be no condonation. One cannot
forgive something of which one has no knowledge.
That being said, this Court simply finds no legal authority to sustain
the condonation doctrine in this jurisdiction. As can be seen from this
discourse, it was a doctrine adopted from one class of US rulings way
back in 1959 and thus, out of touch from — and now rendered
obsolete by — the current legal regime. In consequence, it is high
time for this Court to abandon the condonation doctrine that
originated from Pascual, and affirmed in the cases following the
same, such as Aguinaldo, Salalima, Mayor Garcia, and Governor
Garcia, Jr. which were all relied upon by the CA.
The above ruling, however, was explicit in its pronouncement

that the abandonment of the doctrine of condonation is prospective
in application, hence, the same doctrine is still
_______________
29 See Ombudsman’s Memorandum, Rollo (Vol. II), p. 716, citing Silos, Miguel
U., A Re-examination of the Doctrine of Condonation of Public Officers, 84, Phil. LJ
22, 69 (2009), p. 67.
30 117 N.J.L. 64; 186 A. 818 (1936).
172

applicable in cases that transpired prior to the ruling of this Court in Carpio
Morales v. CA and Jejomar Binay, Jr.31 Thus:
It should, however, be clarified that this Court’s abandonment of
the condonation doctrine should be prospective in application for the
reason that judicial decisions applying or interpreting the laws or the
Constitution, until reversed, shall form part of the legal system of the
Philippines.32 Unto this Court devolves the sole authority to interpret
what the Constitution means, and all persons are bound to follow its
interpretation. As explained in De Castro v. Judicial Bar Council.33
Judicial decisions assume the same authority as a statute
itself and, until authoritatively abandoned, necessarily
become, to the extent that they are applicable, the criteria that
must control the actuations, not only of those called upon to
abide by them, but also of those duty-bound to enforce
obedience to them.34
Hence, while the future may ultimately uncover a doctrine’s error,
it should be, as a general rule, recognized as “good law” prior to its
abandonment. Consequently, the people’s reliance thereupon should
be respected. The landmark case on this matter is People v. Jabinal,35
wherein it was ruled:
[W]hen a doctrine of this Court is overruled and a different view
is adopted, the new doctrine should be applied prospectively, and
should not apply to parties who had relied on the old doctrine and
acted on the faith thereof.
_______________
31 Rollo, pp. 69-75.

32 See Article 8 of the C C .
33 632 Phil. 657; 618 SCRA 639 (2010).
34 Id., at p. 686; p. 658.
35 154 Phil. 565; 55 SCRA 607 (1974).
173
VOL. 848, DECEMBER 6, 2017 173

Later, in Spouses Benzonan v. CA,36 it was further elaborated:

[Pursuant to Article 8 of the Civil Code “judicial decisions
applying or interpreting the laws or the Constitution shall form
a part of the legal system of the Philippines.” But while our
decisions form part of the law of the land, they are also subject
to Article 4 of the Civil Code which provides that “laws shall
have no retroactive effect unless the contrary is provided.”
This is expressed in the familiar legal maxim lex prospicit,
non respicit, the law looks forward not backward. The
rationale against retroactivity is easy to perceive. The
retroactive application of a law usually divests rights that have
already become vested or impairs the obligations of contract
and hence, is unconstitutional.37
Indeed, the lessons of history teach us that institutions can greatly
benefit from hindsight and rectify its ensuing course. Thus, while it is
truly perplexing to think that a doctrine which is barren of legal
anchorage was able to endure in our jurisprudence for a considerable
length of time, this Court, under a new membership, takes up the
cudgels and now abandons the condonation doctrine.
Considering that the present case was instituted prior to the above
cited ruling of this Court, the doctrine of condonation may still be
applied.
It is the contention of the petitioner that the doctrine of
condonation cannot be applied in this case, since there was a gap in
the reelection of the respondent. It must be remembered that the
complaint against respondent was filed on June 21, 2005, or during
the latter’s third term as Mayor
_______________
36 282 Phil. 530; 205 SCRA 515 (1992).

37 Id., at p. 544; p. 527.
174

(2004-2007) and was only reelected as Mayor in 2010. According to

petitioner, for the doctrine to apply, the respondent should have been
reelected in the same position in the immediately succeeding
election.
This Court finds petitioner’s contention unmeritorious.
The application of the doctrine does not require that the official
must be reelected to the same position in the immediately
succeeding election. In Giron v. Ochoa,38 the Court recognized that
the doctrine can be applied to a public officer who was elected to a
different position provided, that it is shown that the body politic
electing the person to another office is the same. Thus, the Court
ruled:
On this issue, considering the ratio decidendi behind the doctrine,

the Court agrees with the interpretation of the administrative
tribunals below that the condonation doctrine applies to a public
official elected to another office. The underlying theory is that each
term is separate from other terms. Thus, in Carpio-Morales, the basic
considerations are the following: first, the penalty of removal may
not be extended beyond the term in which the public officer was
elected for each term is separate and distinct; second, an elective
official’s reelection serves as a condonation of previous misconduct,
thereby cutting the right to remove him therefor; and third, courts
may not deprive the electorate, who are assumed to have known the
life and character of candidates, of their right to elect officers. In this
case, it is a given fact that the body politic, who elected him to
another office, was the same.
From the above ruling of this Court, it is apparent that the most
important consideration in the doctrine of condonation is the fact
that the misconduct was done on a prior term and that the subject
public official was eventually reelected by the same body politic. It
is inconsequential whether the said
_______________
38 G.R. No. 218463, March 1, 2017, 819 SCRA 103.
175
VOL. 848, DECEMBER 6, 2017 175

reelection be on another public office or on an election year that is

not immediately succeeding the last, as long as the electorate that
reelected the public official be the same. In this case, the respondent
was reelected as mayor by the same electorate that voted for him
when the violation was committed. As such, the doctrine of
condonation is applied and the CA did not err in so ruling.
WHEREFORE, Petition for Review on Certiorari under Rule
45 of the Rules of Court dated April 6, 2015 of petitioner Office of
the Ombudsman is DENIED. Consequently, the Decision dated May
28, 2014 of the Court of Appeals in C.A.-G.R. S.P. No. 125841 is

AFFIRMED.
SO ORDERED.
Carpio (Chairperson), Perlas-Bernabe, Caguioa and Reyes, Jr.,

JJ., concur.
Petition denied, judgment affirmed.
Notes.—Laws shall have no retroactive effect, unless the

contrary is provided. (Barcelona vs. Lim, 724 SCRA 433 [2014])
The Court, citing Civil Service Commission v. Sojor, 554 SCRA
160 (2008), also clarified that the condonation doctrine would not
apply to appointive officials since, as to them, there is no sovereign
will to disenfranchise. (Carpio-Morales vs. Court of Appeals [Sixth
Division], 774 SCRA 431 [2015])
——o0o——
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7/12/2020 SUPREME COURT REPORTS ANNOTATED 848

G.R. No. 216871. December 6, 2017.*

Administrative Law; Public Officers; Condonation Doctrine; In

152 SUPREME COURT REPORTS ANNOTATED

mated, Pascual was a decision promulgated in 1959. Therefore, it was

matter, as well as the variance in the policy considerations, there was no

VOL. 848, DECEMBER 6, 2017 153

doctrine is still applicable in cases that transpired prior to the ruling of

154 SUPREME COURT REPORTS ANNOTATED

PETITION for review on certiorari of a decision of the Court of

For this Court’s consideration is the Petition for Review on

156 SUPREME COURT REPORTS ANNOTATED

1 Penned by Associate Justice Mario V. Lopez, with the concurrence of Associate

156 SUPREME COURT REPORTS ANNOTATED

unsorted wastes. It was also alleged that respondent Mayor Vergara

Section 5. Duties of Public Officials and Employees.—In the

4 Id., at pp. 62-68.

VOL. 848, DECEMBER 6, 2017 157

As such, petitioner imposed a penalty on respondent which reads

x x x Accordingly, he is meted the penalty of Suspension for six

NEGLECT OF DUTY for failing to implement RA 9003.

Respondent filed a motion for reconsideration contending that the

PREMISES CONSIDERED, the Decision dated 7 February

158 SUPREME COURT REPORTS ANNOTATED

Aggrieved, respondent filed a petition for review with the CA.

committed, reckoned from the date of the official’s reelection, except

Petitioner filed a motion for partial reconsideration contending

7 Id., at pp. 42-43.

VOL. 848, DECEMBER 6, 2017 159

Hence, the present petition with the following grounds:

According to petitioner, the term reelection, as applied in the

160 SUPREME COURT REPORTS ANNOTATED

guilty of violating R.A. 9003, the doctrine of condonation must be

The foundation of our entire legal system is the Constitution. It is

VOL. 848, DECEMBER 6, 2017 161

to render personal military or civil service.”13 Perhaps owing to the

variance in the policy considerations, there was no glaring objection

13 See Silos, Miguel U., A Re-examination of the Doctrine of Condonation of

162 SUPREME COURT REPORTS ANNOTATED

VOL. 848, DECEMBER 6, 2017 163

For local elective officials like Binay, Jr., the grounds to

164 SUPREME COURT REPORTS ANNOTATED

residence or the status of an immigrant of another

VOL. 848, DECEMBER 6, 2017 165

on the official’s candidacy. Nothing therein states that the

19 279 Phil. 920, 937; 202 SCRA 844, 857 (1991).

166 SUPREME COURT REPORTS ANNOTATED

x x x The Constitution does not distinguish between

In the same vein, We do not clearly see any valid

Also, it cannot be inferred from Section 60 of the LGC that

VOL. 848, DECEMBER 6, 2017 167

trine of condonation of administrative liability was supported by

168 SUPREME COURT REPORTS ANNOTATED

40(b) of the LGC — was the justification behind condonation. In

VOL. 848, DECEMBER 6, 2017 169

ther their variance or inapplicability, none of these cases can be used

170 SUPREME COURT REPORTS ANNOTATED

Thus, at all events, no legal provision actually supports the theory

Relatedly, it should be clarified that there is no truth in Pascual’s