SC rules in favor of Binay, Morales

The Supreme Court of the Philippines building in Manila, Philippines. (Photo from Wikimedia Commons/Mike Gonzalez)

MANILA – According to court sources, the Supreme Court (SC) yesterday ruled in favor of both suspended Makati Mayor Erwin “Junjun” Binay Jr. and Ombudsman Conchita Carpio Morales regarding the latter’s petition for the Court of Appeals (CA) to stop proceedings on the plea filed by the former who challenged his suspension due to alleged corruption.

Although the ruling has not been officially released, sources claimed that the SC abandoned the condonation doctrine, which stated that ‘a reelected public official cannot be removed from his position for an administrative misconduct committed during his prior term because his reelection assumes that the people have forgiven him, and removing him from office overrules the will of the people.’

The doctrine has been invoked by Binay’s camp, asserting that the mayor should no longer be held liable for corruption accusations in his previous term as he has been reelected. The court, however, ruled that the principle was ‘no longer consistent with the Constitution and lacked solid legal basis.’

The High Court also declared as unconstitutional Section 14 of the Ombudsman Act of 1989 which spared the court from ‘any appeal of application for remedy against its decision before any court.’ Invalidating the provision, the magistrates gave courts limited power to review the Ombudsman’s rulings. With this, the CA can now determine whether Morales abused her discretion in her order to suspend Binay.

It can be recalled that the Ombudsman earlier ordered Binay’s dismissal from public service, citing ‘irregularities in the services and contract for the construction in several phases of the [Makati City Hall] parking building.’