The then condonation doctrine, which had absolved for many decades the administrative liability of elected public officials with their re-election to the same office, cannot be invoked anymore starting April 12, 2016 and in the succeeding elections thereafter.
This was reiterated by the Supreme Court (SC) in its resolution that was made public last Aug. 26 as it denied the motion for reconsideration filed by Jessie E. Galano, now mayor of Paoay, Ilocos Norte.
In 2015, the condonation doctrine was abandoned by the SC for lack of basis in the Constitution, the Local Government Code, and other laws in the country.
The SC said the doctrine was inconsistent with the principle that “public office is a public trust” and with the constitutional requirement from public officials of accountability to the people at all times.
The ruling became final on April 12, 2016 but the SC declared it was prospective in application such that the abandonment should be implemented starting the May 2016 elections.
In 2013, Galano was elected as vice mayor of Paoay and as mayor in the 2016 and 2019 elections.
On Jan. 18, 2017, Galano, together with Sangguniang Bayan (SB) Member Bruno G. Dumlao, was charged administratively before the Office of the Ombudsman (0MB) with acts when he was vice mayor in 2015.
Galano, as vice mayor, approved without legal authority the travel of Dumlao outside the municipality and the payment of the latter’s travel and registration expenses.
In a decision issued on Jan. 31, 2018, the OMB found Galano guilty of grave misconduct while Dumlao was found liable for serious dishonesty, grave misconduct, and conduct prejudicial to the best interest of public service. They were both dismissed from the service.
The OMB ruled that the power to authorize trips of municipal officials outside of the town for a period not exceeding 30 days is vested with the mayor under the Local Government Code, Republic Act No. 7160.
Also, the OMB found that Dumlao’s expenses were charged against the funds of the municipality and not from the budget of the SB.
On June 6, 2018, Galano filed a motion to reconsider the OMB’s decision and, simultaneously, lodged a petition before the Court of Appeals (CA). In both instances, he invoked the condonation doctrine.
The CA affirmed the ruling of the OMB. In denying Galano’s petition, the CA said that for the condonation doctrine to apply, the commission of the offense and the re-election must have occurred prior to April 12, 2016.
Galano challenged the CA’s decision before the SC which affirmed the appellate court’s ruling in a resolution issued on June 19, 2019. He then filed a motion to reconsider the SC’s ruling.
Denying the motion for reconsideration, the SC said:
“Here, petitioner's (Galano) infraction was committed in 2015 and he got charged before the 0MB two (2) years later in 2017. By then, the condonation doctrine had already been abandoned with finality on April 12, 2016.
“Meantime, petitioner got elected as Mayor of Paoay, Ilocos Norte in the May 2016 elections and re-elected to the same position in 2019.
“But petitioner's election and re-election in 2016 and 2019, respectively, could not have condoned his past infractions.
“For the prospective application of (the abandonment of the condonation doctrine), effectively precluded all regular elections beginning May 2016 from condoning prior administrative offenses. So must it be.
“WHEREFORE, the motion for reconsideration is DENIED with FINALITY. No further pleadings or motions shall be entertained in this case. Let entry of judgment be issued immediately. SO ORDERED."