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HENRY R. GIRON v. EXECUTIVE SECRETARY PAQUITO N. OCHOA

FACTS:

Petitioner Henry R. Giron filed an administrative complaint against respondent Arnaldo A. Cando, then the Barangay Chairman of Capri, Novaliches, Quezon City, for illegally using electricity in his computer shops. The case was referred to the Office of the Vice Mayor of Quezon City and was later endorsed to the Special Investigation Committee on Administrative Cases Against Elective Barangay Officials. During the investigation, only Giron appeared. The investigation was later suspended due to the October 2013 Barangay Elections. Cando won in the elections and assumed office on December 1, 2013.

On March 13, 2014, the City Council adopted a resolution dismissing the case against Cando, citing the doctrine of condonation as applied in previous cases. Giron filed a motion for reconsideration, arguing that the doctrine of condonation only applies when the re-election is to the same position. The motion was denied, and Giron appealed to the Office of the President (OP), which dismissed the appeal for lack of merit. Giron then filed a petition for review with the Supreme Court, seeking, among others, the declaration of the irrelevance of previous cases on condonation and the nullification of the condonation doctrine.

ISSUES:

  1. Whether or not G.R. No. L-11959 (Pascual Case) is still legal and relevant under the 1987 Constitution.

  2. Whether or not G.R. No. 94115 (Aguinaldo Doctrine) is unconstitutional insofar as it violates public accountability of the 1987 Constitution and Republic Act 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees.

  3. Whether or not the doctrine of condonation applies to public officials reelected to other positions.

RULING:

  1. The Supreme Court dismissed the petitioner's appeal and upheld the decision of the Office of the President (OP) and the City Council dismissing the administrative complaint against the respondent Barangay Chairman. The Court ruled that the doctrine of condonation applied even if the public official runs for a different position as long as the misconduct was committed prior to the date of election. The Court also held that the issues raised by the petitioner have been rendered moot and academic by a previous ruling of the Court, wherein the Aguinaldo condonation doctrine was abandoned but its application was made prospective.

PRINCIPLES:

  • The doctrine of condonation applies to public officials who are reelected, even if they run for a different position, as long as the misconduct was committed prior to the date of election.

  • The exhaustion of available administrative remedies, such as filing a motion for reconsideration, is a pre-condition before seeking intervention from the courts.

  • The doctrine of condonation was abandoned by the Court but its application was made prospective.