(Eagle News) — The Court of Appeals has upheld its previous ruling that reversed the dismissal from government service of former Makati Mayor Junjun Binay for the allegedly anomalous construction of the P2.2-billion Makati City Hall Parking Building II.
In denying the the appeal of the Ombudsman, which ordered Binay dismissed from government service in 2015, of its May 2018 ruling, the former 10th division reiterated the condonation doctrine which says that a “public official cannot be removed for administrative misconduct committed during a prior term since his re-election to office operates as a condonation of the officer’s previous misconduct to the extent of cutting off the right to remove him thereof” applied since the Supreme Court itself, which scrapped the doctrine in 2015, said its application was “prospective.”
As such, under the doctrine, the division said Binay’s reelection in 2013 meant he had been forgiven by voters for any offense he might have committed from 2010 to 2013, his first term as mayor.
The division added the case against Binay was filed before the scrapping of the doctrine.
The division also ruled city officials Emerito Magat, Leonila Querijero, Nelia Barlis and Raydes Pestano were guilty of simple misconduct, and not grave misconduct, and as such were entitled to reinstatement but not back salaries nor emoluments.
It also denied the motions for reconsideration filed by Pestano, Querijero, Barlis, Pio Kenneth Dasal, Lorenzana Amores, Gerardo San Gabriel, Ulysses Orienza, Rodel Nayve, Giovanni Condes, Manolito Uyaco, Norman Flores, Engineer Mario Badillo, Amel Cadangan, Line dela Pena and Connie Consulta.
The ruling was penned by CA Associate Justice Edwin Sorongon.
It was concurred with by Associate Justices Maria Filomena Singh and Sesinando Villon.
