EN BANC

G.R. Nos. 217126-27, November 10, 2015

CONCHITA CARPIO MORALES, IN HER CAPACITY AS THE OMBUDSMAN,
Petitioner, v. COURT OF APPEALS (SIXTH DIVISION) AND JEJOMAR ERWIN S.
BINAY, JR., Respondents.
DECISION
PERLAS-BERNABE, J.:
"All government is a trust, every branch of government is a trust, and immemorially
acknowledged so to be[.]"1
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The Case
Before the Court is a petition for certiorari and prohibition filed on March 25, 2015 by
petitioner Conchita Carpio Morales, in her capacity as the Ombudsman (Ombudsman),
through the Office of the Solicitor General (OSG), assailing: (a) the Resolution 3 dated
March 16, 2015 of public respondent the Court of Appeals (CA) in CA-G.R. SP No.
139453, which granted private respondent Jejomar Erwin S. Binay, Jr.'s (Binay, Jr.)
prayer for the issuance of a temporary restraining order (TRO) against the
implementation of the Joint Order4 dated March 10, 20,15 of the Ombudsman in OMBC-A-15-0058 to 0063 (preventive suspension order) preventively suspending him and
several other public officers and employees of the City Government of Makati, for six
(6) months without pay; and (b) the Resolution5 dated March 20, 2015 of the CA,
ordering the Ombudsman to comment on Binay, Jr.'s petition for contempt 6 in CA-G.R.
SP No. 139504.
2

Pursuant to the Resolution7 dated April 6, 2015, the CA issued a writ of preliminary
injunction8 (WPI) in CA-G.R. SP No. 139453 which further enjoined the implementation
of the preventive suspension order, prompting the Ombudsman to file a supplemental
petition9 on April 13, 2015.
The Facts
On July 22, 2014, a complaint/affidavit10 was filed by Atty. Renato L. Bondal and Nicolas
"Ching" Enciso VI before the Office of the Ombudsman against Binay, Jr. and other
public officers and employees of the City Government of Makati (Binay, Jr., et al),
accusing them of Plunder11 and violation of Republic Act No. (RA) 3019,12 otherwise

known as "The Anti-Graft and Corrupt Practices Act," in connection with the five (5)
phases of the procurement and construction of the Makati City Hall Parking Building
(Makati Parking Building).13
On September 9, 2014, the Ombudsman constituted a Special Panel of Investigators 14
to conduct a fact-finding investigation, submit an investigation report, and file the
necessary complaint, if warranted (1st Special Panel).15 Pursuant to the Ombudsman's
directive, on March 5, 2015, the 1st Special Panel filed a complaint 16 (OMB Complaint)
against Binay, Jr., et al, charging them with six (6) administrative cases17 for Grave
Misconduct, Serious Dishonesty, and Conduct Prejudicial to the Best Interest of the
Service, and six (6) criminal cases18 for violation of Section 3 (e) of RA 3019,
Malversation of Public Funds, and Falsification of Public Documents (OMB Cases). 19
As to Binay, Jr., the OMB Complaint alleged that he was involved in anomalous activities
attending the following procurement and construction phases of the Makati Parking
Building project, committed during his previous and present terms as City Mayor of
Makati:
Binay, Jr.'s First Term (2010 to 2013)20
(a) On September 21, 2010, Binay, Jr. issued the Notice of Award21 for Phase III of
the Makati Parking Building project to Hilmarc's Construction Corporation (Hilmarc's),
and consequently, executed the corresponding contract 22 on September 28, 2010,23
without the required publication and the lack of architectural design, 24 and approved the
release of funds therefor in the following amounts as follows: (1) P130,518,394.80 on
December 15, 2010;25 (2) P134,470,659.64 on January 19, 2011;26 (3)
P92,775,202.27 on February 25, 2011;27 (4) P57,148,625.51 on March 28, 2011;28
(5) P40,908,750.61 on May 3, 2011;29 and (6) P106,672,761.90 on July 7, 2011;30
(b) On August 11, 2011, Binay, Jr. issued the Notice of Award31 for Phase IV of the
Makati Parking Building project to Hilmarc's, and consequently, executed the
corresponding contract32 on August 18, 2011,33 without the required publication and the
lack of architectural design,34 and approved the release of funds therefor in the
following amounts as follows: (1) P182,325,538.97 on October 4, 2O11; 35 (2)
P173,132,606.91 on October 28,2011;36 (3) P80,408,735.20 on December 12, 2011;37
(4) P62,878,291.81 on February 10, 2012;38 and (5) P59,639,167.90 on October 1,
2012;39
(c) On September 6, 2012, Binay, Jr. issued the Notice of Award 40 for Phase V of the
Makati Parking Building project to Hilmarc's, and consequently, executed the
corresponding contract41 on September 13, 2012,42 without the required publication and
the lack of architectural design,43 and approved the release of the funds therefor in the
amounts of P32,398,220.0544 and P30,582,629.3045 on December 20, 2012; and

Binay, Jr.'s Second Term (2013 to 2016)46

(d) On July 3, 2013 and July 4, 2013, Binay, Jr. approved the release of funds for the
remaining balance of the September 13, 2012 contract with Hilmarc's for Phase V of
the Makati Parking Building project in the amount of P27,443,629.97; 47 and
(e) On July 24, 2013, Binay, Jr. approved the release of funds for the remaining
balance of the contract48 with MANA Architecture & Interior Design Co. (MANA) for the
design and architectural services covering the Makati Parking Building project in the
amount of P429,011.48.49
On March 6, 2015, the Ombudsman created another Special Panel of Investigators to
conduct a preliminary investigation and administrative adjudication on the OMB Cases
(2nd Special Panel).50 Thereafter, on March 9, 2015, the 2nd Special Panel issued
separate orders51 for each of the OMB Cases, requiring Binay, Jr., et al. to file their
respective counter-affidavits.52
Before Binay, Jr., et al.'s filing of their counter-affidavits, the Ombudsman, upon the
recommendation of the 2nd Special Panel, issued on March 10, 2015, the subject
preventive suspension order, placing Binay, Jr., et al. under preventive suspension for
not more than six (6) months without pay, during the pendency of the OMB Cases. 53
The Ombudsman ruled that the requisites for the preventive suspension of a public
officer are present,54 finding that: (a) the evidence of Binay, Jr., et al.'s guilt was strong
given that (1) the losing bidders and members of the Bids and Awards Committee of
Makati City had attested to the irregularities attending the Makati Parking Building
project; (2) the documents on record negated the publication of bids; and (3) the
disbursement vouchers, checks, and official receipts showed the release of funds; and
(b) (1) Binay, Jr., et al. were administratively charged with Grave Misconduct, Serious
Dishonesty, and Conduct Prejudicial to the Best Interest of the Service; (2) said
charges, if proven to be true, warrant removal from public service under the Revised
Rules on Administrative Cases in the Civil Service (RRACCS), and (3) Binay, Jr., et al.'s
respective positions give them access to public records and allow them to influence
possible witnesses; hence, their continued stay in office may prejudice the investigation
relative to the OMB Cases filed against them.55 Consequently, the Ombudsman directed
the Department of Interior and Local Government (DILG), through Secretary Manuel A.
Roxas II (Secretary Roxas), to immediately implement the preventive suspension order
against Binay, Jr., et al., upon receipt of the same.56
On March 11, 2015, a copy of the preventive suspension order was sent to the Office of
the City Mayor, and received by Maricon Ausan, a member of Binay, Jr.'s staff.57
The Proceedings Before the CA
On even date,58 Binay, Jr. filed a petition for certiorari59 before the CA, docketed as CA-

G.R. SP No. 139453, seeking the nullification of the preventive suspension order, and
praying for the issuance of a TRO and/or WPI to enjoin its implementation. 60Primarily,
Binay, Jr. argued that he could not be held administratively liable for any
anomalous activity attending any of the five (5) phases of the Makati Parking Building
project since: (a) Phases I and II were undertaken before he was elected Mayor of
Makati in 2010; and (b) Phases III to V transpired during his first term and that his reelection as City Mayor of Makati for a second term effectively condoned his
administrative liability therefor, if any, thus rendering the administrative cases
against him moot and academic.61In any event, Binay, Jr. claimed that the
Ombudsman's preventive suspension order failed to show that the evidence of
guilt presented against him is strong, maintaining that he did not participate in any
of the purported irregularities.62 In support of his prayer for injunctive relief, Binay, Jr.
argued that he has a clear and unmistakable right to hold public office, having won by
landslide vote in the 2010 and 2013 elections, and that, in view of the condonation
doctrine, as well as the lack of evidence to sustain the charges against him, his
suspension from office would undeservedly deprive the electorate of the services of the
person they have conscientiously chosen and voted into office. 63
On March 16, 2015, at around 8:24 a.m., Secretary Roxas caused the implementation
of the preventive suspension order through the DILG National Capital Region - Regional
Director, Renato L. Brion, CESO III (Director Brion), who posted a copy thereof on the
wall of the Makati City Hall after failing to personally serve the same on Binay, Jr. as the
points of entry to the Makati City Hall were closed. At around 9:47 a.m., Assistant City
Prosecutor of Makati Billy C. Evangelista administered the oath of office on Makati City
Vice Mayor Romulo V. Pea, Jr. (Pea, Jr.) who thereupon assumed office as Acting
Mayor.64
At noon of the same day, the CA issued a Resolution65 (dated March 16, 2015), granting
Binay, Jr.'s prayer for a TRO,66 notwithstanding Pena, Jr.'s assumption of duties as
Acting Mayor earlier that day.67 Citing the case of Governor Garcia, Jr. v. CA,68 the CA
found that it was more prudent on its part to issue a TRO in view of the extreme
urgency of the matter and seriousness of the issues raised, considering that if it were
established that the acts subject of the administrative cases against Binay, Jr. were all
committed during his prior term, then, applying the condonation doctrine, Binay, Jr.'s
re-election meant that he can no longer be administratively charged. 69 The CA then
directed the Ombudsman to comment on Binay, Jr.'s petition for certiorari .70
On March 17, 2015, the Ombudsman manifested71 that the TRO did not state what act
was being restrained and that since the preventive suspension order had already been
served and implemented, there was no longer any act to restrain. 72
On the same day, Binay, Jr. filed a petition for contempt, 73 docketed as CA-G.R. SP
No. 139504, accusing Secretary Roxas, Director Brion, the officials of the Philippine
National Police, and Pena, Jr. of deliberately refusing to obey the CA, thereby allegedly
impeding, obstructing, or degrading the administration of justice. 74 The Ombudsman

and Department of Justice Secretary Leila M. De Lima were subsequently impleaded as

additional respondents upon Binay, Jr.'s filing of the amended and supplemental petition
for contempt75 (petition for contempt) on March 19, 2015.76 Among others, Binay, Jr.
accused the Ombudsman and other respondents therein for willfully and maliciously
ignoring the TRO issued by the CA against the preventive suspension order.77
In a Resolution78dated March 20, 2015, the CA ordered the consolidation of CA-G.R.
SP No. 139453 and CA-G.R. SP No. 139504, and, without necessarily giving due
course to Binay, Jr.'s petition for contempt, directed the Ombudsman to file her
comment thereto.79 The cases were set for hearing of oral arguments on March 30 and
31, 2015.80
The Proceedings Before the Court
Prior to the hearing of the oral arguments before the CA, or on March 25, 2015, the
Ombudsman filed the present petition before this Court, assailing the CA's March 16,
2015 Resolution, which granted Binay, Jr.'s prayer for TRO in CA-G.R. SP No. 139453,
and the March 20, 2015 Resolution directing her to file a comment on Binay, Jr.'s
petition for contempt in CA-G.R. SP No. 139504.81 The Ombudsman claims that: (a) the
CA had no jurisdiction to grant Binay, Jr.'s prayer for a TRO, citing Section 14 of RA
6770,82 or "The Ombudsman Act of 1989," which states that no injunctive writ could be
issued to delay the Ombudsman's investigation unless there is prima facie evidence
that the subject matter thereof is outside the latter's jurisdiction; 83 and (b) the CA's
directive for the Ombudsman to comment on Binay, Jr.'s petition for contempt is illegal
and improper, considering that the Ombudsman is an impeachable officer, and
therefore, cannot be subjected to contempt proceedings.84
In his comment85 filed on April 6, 2015, Binay, Jr. argues that Section 1, Article VIII of
the 1987 Constitution specifically grants the CA judicial power to review acts of any
branch or instrumentality of government, including the Office of the Ombudsman, in
case of grave abuse of discretion amounting to lack or excess of jurisdiction, which he
asserts was committed in this case when said office issued the preventive suspension
order against him.86 Binay, Jr. posits that it was incumbent upon the Ombudsman to1
have been apprised of the condonation doctrine as this would have weighed heavily in
determining whether there was strong evidence to warrant the issuance of the
preventive suspension order.87 In this relation, Binay, Jr. maintains that the CA correctly
enjoined the implementation of the preventive suspension order given his clear and
unmistakable right to public office, and that it is clear that he could not be held
administratively liable for any of the charges against him since his subsequent reelection in 2013 operated as a condonation of any administrative offenses he may have
committed during his previous term.88 As regards the CA's order for the Ombudsman to
comment on his petition for contempt, Binay, Jr. submits that while the Ombudsman is
indeed an impeachable officer and, hence, cannot be removed from office except by
way of impeachment, an action for contempt imposes the penalty of fine and
imprisonment, without necessarily resulting in removal from office. Thus, the fact that

the Ombudsman is an impeachable officer should not deprive the CA of its inherent
power to punish contempt.89
Meanwhile, the CA issued a Resolution90 dated April 6, 2015, after the oral
arguments before it were held,91 granting Binay, Jr.'s prayer for a WPI, which further
enjoined the implementation of the preventive suspension order. In so ruling, the CA
found that Binay, Jr. has an ostensible right to the final relief prayed for, namely, the
nullification of the preventive suspension order, in view of the condonation doctrine,
citing Aguinaldo v. Santos.92 Particularly, it found that the Ombudsman can hardly
impose preventive suspension against Binay, Jr. given that his re-election in 2013 as
City Mayor of Makati condoned any administrative liability arising from anomalous
activities relative to the Makati Parking Building project from 2007 to 2013. 93 In this
regard, the CA added that, although there were acts which were apparently committed
by Binay, Jr. beyond his first term namely, the alleged payments on July 3, July 4,
and July 24, 2013,94 corresponding to the services of Hillmarc's and MANA - still, Binay,
Jr. cannot be held administratively liable therefor based on the cases of Salalima v.
Guingona, Jr.,95 and Mayor Garcia v. Mojica96 wherein the condonation doctrine was
still applied by the Court although the payments were made after the official's reelection, reasoning that the payments were merely effected pursuant to contracts
executed before said re-election.97 To this, the CA added that there was no concrete
evidence of Binay, Jr.'s participation for the alleged payments made on July 3, 4, and
24, 2013.98
In view of the CA's supervening issuance of a WPI pursuant to its April 6, 2015
Resolution, the Ombudsman filed a supplemental petition 99 before this Court, arguing
that the condonation doctrine is irrelevant to the determination of whether the evidence
of guilt is strong for purposes of issuing preventive suspension orders. The Ombudsman
also maintained that a reliance on the condonation doctrine is a matter of defense,
which should have been raised by Binay, Jr. before it during the administrative
proceedings, and that, at any rate, there is no condonation because Binay, Jr.
committed acts subject of the OMB Complaint after his re-election in 2013. 100
On April 14 and 21, 2015,101 the Court conducted hearings for the oral arguments of the
parties. Thereafter, they were required to file their respective memoranda. 102 In
compliance thereto, the Ombudsman filed her Memorandum 103 on May 20, 2015, while
Binay, Jr. submitted his Memorandum the following day.104
Pursuant to a Resolution105 dated June 16, 2015, the Court directed the parties to
comment on each other's memoranda, and the OSG to comment on the Ombudsman's
Memorandum, all within ten (10) days from receipt of the notice.
On July 15, 2015, both parties filed their respective comments to each other's
memoranda.106 Meanwhile, on July 16, 2015, the OSG filed its Manifestation In Lieu of
Comment,107 simply stating that it was mutually agreed upon that the Office of the
Ombudsman would file its Memorandum, consistent with its desire to state its

"institutional position."108 In her Memorandum and Comment to Binay, Jr.'s

Memorandum, the Ombudsman pleaded, among others, that this Court abandon the
condonation doctrine.109 In view of the foregoing, the case was deemed submitted for
resolution.
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The Issues Before the Court

Based on the parties' respective pleadings, and as raised during the oral arguments
conducted before this Court, the main issues to be resolved in seriatim are as follows:
I.

Whether or not the present petition, and not motions for

reconsideration of the assailed CA issuances in CA-G.R. SP No. 139453
and CA-G.R. SP No. 139504, is the Ombudsman's plain, speedy, and
adequate remedy;
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II.

Whether or not the CA has subject matter jurisdiction over the main
petition for certiorari in CA-G.R. SP No. 139453;
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III.

Whether or not the CA has subject matter jurisdiction to issue a TRO

and/or WPI enjoining the implementation of a preventive suspension
order issued by the Ombudsman;
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IV.

Whether or not the CA gravely abused its discretion in issuing the TRO
and eventually, the WPI in CA-G.R. SP No. 139453 enjoining the
implementation of the preventive suspension order against Binay, Jr.
based on the condonation doctrine; and

V.

Whether or not the CA's directive for the Ombudsman to ' comment on
Binay, Jr.'s petition for contempt in CA- G.R. SP No. 139504 is
improper and illegal.

The Ruling of the Court

The petition is partly meritorious.

Section 1. Petition for certiorari. - When any tribunal, board or officer exercising judicial
or quasi-judicial functions has acted without or in excess of its or his jurisdiction, or
with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is
no appeal, nor any plain, speedy, and adequate remedy in the ordinary course
of law, a person aggrieved thereby may file a verified petition in the proper court,
alleging the facts with certainty and praying that judgment be rendered annulling or
modifying the proceedings of such tribunal, board or officer, and granting such
incidental reliefs as law and justice may require.
xxxx
Section 2. Petition for prohibition. - When the proceedings of any tribunal, corporation,
board, officer or person, whether exercising judicial, quasi-judicial or ministerial
functions, are without or in excess of its or his jurisdiction, or with grave abuse of
discretion amounting to lack or excess of jurisdiction, and there is no appeal, or any
other plain, speedy, and adequate remedy in the ordinary course of law, a
person aggrieved thereby may file a verified petition in the proper court, alleging the
facts r with certainty and praying that judgment be rendered commanding the
respondent to desist from further proceedings in the action or matter specified therein,
or otherwise granting such incidental reliefs as law and justice may require.
x x x x (Emphases supplied)
Hence, as a general rule, a motion for reconsideration must first be filed with the lower
court prior to resorting to the extraordinary remedy of certiorari or prohibition since a
motion for reconsideration may still be considered as a plain, speedy, and adequate
remedy in the ordinary course of law. The rationale for the pre-requisite is to grant an
opportunity for the lower court or agency to correct any actual or perceived error
attributed to it by the re-examination of the legal and factual circumstances of the
case.110
Jurisprudence states that "[i]t is [the] inadequacy, [and] not the mere absence of all
other legal remedies and the danger of failure of justice without the writ, that must
usually determine the propriety of certiorari [or prohibition]. A remedy is plain,
speedy[,] and adequate if it will promptly relieve the petitioner from the injurious
effects of the judgment, order, or resolution of the lower court or agency, x x x." 111

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I.
A common requirement to both a petition for certiorari and a petition for prohibition
taken under Rule 65 of the 1997 Rules of Civil Procedure is that the petitioner has no
other plain, speedy, and adequate remedy in the ordinary course of law. Sections 1 and
2 thereof provide:

In this light, certain exceptions were crafted to the general rule requiring a prior motion
for reconsideration before the filing of a petition for certiorari, which exceptions also
apply to a petition for prohibition.112 These are: (a) where the order is a patent nullity,
as where the court a quo has no jurisdiction; (b) where the questions raised in the
certiorari proceedings have been duly raised and passed upon by the lower court, or
are the same as those raised and passed upon in the lower court; (c) where there is an
urgent necessity for the resolution of the question and any further delay would

prejudice the interests of the Government or of the petitioner or the subject matter of
the action is perishable; (d) where, under the circumstances, a motion for
reconsideration would be useless; (e) where petitioner was deprived of due process and
there is extreme urgency for relief; (f) where, in a criminal case, relief from an order of
arrest is urgent and the granting of such relief by the trial court is improbable; (g)
where the proceedings in the lower court are a nullity for lack of due process; (h)
where the proceedings were ex parte or in which the petitioner had no opportunity to
object; and (i) where the issue raised is one purely of law or where public
interest is involved.113
In this case, it is ineluctably clear that the above-highlighted exceptions attend since,
for the first time, the question on the authority of the CA - and of this Court, for that
matter - to enjoin the implementation of a preventive suspension order issued by the
Office of the Ombudsman is put to the fore. This case tests the constitutional and
statutory limits of the fundamental powers of key government institutions - namely, the
Office of the Ombudsman, the Legislature, and the Judiciary - and hence, involves an
issue of transcendental public importance that demands no less than a careful but
expeditious resolution. Also raised is the equally important issue on the propriety of the
continuous application of the condonation doctrine as invoked by a public officer who
desires exculpation from administrative liability. As such, the Ombudsman's direct
resort to certiorari and prohibition before this Court, notwithstanding her failure to
move for the prior reconsideration of the assailed issuances in CA-G.R. SP No. 139453
and CA-G.R. SP No. 139504 before the CA, is justified.
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II.
Albeit raised for the first time by the Ombudsman in her Memorandum, 114 it is
nonetheless proper to resolve the issue on the CA's lack of subject matter jurisdiction
over the main petition for certiorari in CA-G.R. SP No. 139453, in view of the wellestablished rule that a court's jurisdiction over the subject matter may be raised at any
stage of the proceedings. The rationale is that subject matter jurisdiction is conferred
by law, and the lack of it affects the very authority of the court to take cognizance of
and to render judgment on the action.115 Hence, it should be preliminarily determined if
the CA indeed had subject matter jurisdiction over the main CA-G.R. SP No. 139453
petition, as the same determines the validity of all subsequent proceedings relative
thereto. It is noteworthy to point out that Binay, Jr. was given the opportunity by this
Court to be heard on this issue,116 as he, in fact, duly submitted his opposition through
his comment to the Ombudsman's Memorandum.117 That being said, the Court
perceives no reasonable objection against ruling on this issue.
The Ombudsman's argument against the CA's lack of subject matter jurisdiction over
the main petition, and her corollary prayer for its dismissal, is based on her
interpretation of Section 14, RA 6770, or the Ombudsman Act, 118 which reads in full:

Section 14. Restrictions. - No writ of injunction shall be issued by any court to delay an
investigation being conducted by the Ombudsman under this Act, unless there is a
prima facie evidence that the subject matter of the investigation is outside the
jurisdiction of the Office of the Ombudsman.
No court shall hear any appeal or application for remedy against the decision or
findings of the Ombudsman, except the Supreme Court, on pure question of law.
The subject provision may be dissected into two (2) parts.
The first paragraph of Section 14, RA 6770 is a prohibition against any court
(except the Supreme Court119) from issuing a writ of injunction to delay an investigation
being conducted by the Office of the Ombudsman. Generally speaking, "[injunction is a
judicial writ, process or proceeding whereby a party is ordered to do or refrain from
doing a certain act. It may be the main action or merely a provisional remedy for and
as an incident in the main action."120 Considering the textual qualifier "to delay," which
connotes a suspension of an action while the main case remains pending, the "writ of
injunction" mentioned in this paragraph could only refer to injunctions of the provisional
kind, consistent with the nature of a provisional injunctive relief.
The exception to the no injunction policy is when there is prima facie evidence that the
subject matter of the investigation is outside the office's jurisdiction. The Office of the
Ombudsman has disciplinary authority over all elective and appointive officials of the
government and its subdivisions, instrumentalities, and agencies, with the exception
only of impeachable officers, Members of Congress, and the Judiciary.121 Nonetheless,
the Ombudsman retains the power to investigate any serious misconduct in office
allegedly committed by officials removable by impeachment, for the purpose of filing a
verified complaint for impeachment, if warranted.122 Note that the Ombudsman has
concurrent jurisdiction over certain administrative cases which are within the
jurisdiction of the regular courts or administrative agencies, but has primary jurisdiction
to investigate any act or omission of a public officer or employee who is under the
jurisdiction of the Sandiganbayan.123
On the other hand, the second paragraph of Section 14, RA 6770 provides that no
appeal or application for remedy may be heard against the decision or findings of the
Ombudsman, with the exception of the Supreme Court on pure questions of law. This
paragraph, which the Ombudsman particularly relies on in arguing that the CA had no
jurisdiction over the main CA-G.R. SP No. 139453 petition, as it is supposedly this
Court which has the sole jurisdiction to conduct a judicial review of its decisions or
findings, is vague for two (2) reasons: (1) it is unclear what the phrase "application for
remedy" or the word "findings" refers to; and (2) it does not specify what procedural
remedy is solely allowable to this Court, save that the same be taken only against a
pure question of law. The task then, is to apply the relevant principles of statutory
construction to resolve the ambiguity.

"The underlying principle of all construction is that the intent of the legislature should
be sought in the words employed to express it, and that when found[,] it should be
made to govern, x x x. If the words of the law seem to be of doubtful import, it may
then perhaps become necessary to look beyond them in order to ascertain what was in
the legislative mind at the time the law was enacted; what the circumstances were,
under which the action was taken; what evil, if any, was meant to be redressed; x x x
[a]nd where the law has contemporaneously been put into operation, and in doing so a
construction has necessarily been put upon it, this construction, especially if followed
for some considerable period, is entitled to great respect, as being very probably a true
expression of the legislative purpose, and is not lightly to be overruled, although it is
not conclusive."124
As an aid to construction, courts may avail themselves of the actual proceedings of the
legislative body in interpreting a statute of doubtful meaning. In case of doubt as to
what a provision of a statute means, the meaning put to the provision during the
legislative deliberations may be adopted,125 albeit not controlling in the interpretation of
the law.126
A. The Senate deliberations cited by the
Ombudsman do not pertain to the second
paragraph of Section 14, RA 6770.

Senator Angara. Yes, Mr. President, that is correct.

Senator Guingona. And he himself may cut the proceeding short by appealing to
the Supreme Court only on certiorari ?
Senator Angara. On question of law, yes.
Senator Guingona. And no other remedy is available to him?
Senator Angara. Going to the Supreme Court, Mr. President?
Senator Guingona. Yes. What I mean to say is, at what stage, for example, if he is a
presidential appointee who is the respondent, if there is f no certiorari available, is the
respondent given the right to exhaust his administrative remedies first before the
Ombudsman can take the appropriate action?
Senator Angara. Yes, Mr. President, because we do not intend to change the
administrative law principle that before one can go to court, he must exhaust all
administrative remedies xxx available to him before he goes and seeks judicial review.
xxxx

The Ombudsman submits that the legislative intent behind Section 14, RA 6770,
particularly on the matter of judicial review of her office's decisions or findings, is
supposedly clear from the following Senate deliberations: 127

Senator [Neptali A.] Gonzales. What is the purpose of the Committee in

changing the method of appeal from one of a petition for review to a petition
for certiorari ?

Senator [Edgardo J.] Angara, x x x. On page 15, Mr. President, line 14, after the
phrase "petition for" delete the word "review" and in lieu thereof, insert the word
CERTIORARI. So that, review or appeal from the decision of the Ombudsman would
only be taken not on a petition for review, but on certiorari.

Senator Angara. To make it consistent, Mr. President, with the provision here
in the bill to the effect that the finding of facts of the Ombudsman is
conclusive if supported by substantial evidence.

The President [Jovito R. Salonga]. What is the practical effect of that? Will it
be more difficult to reverse the decision under review?
Senator Angara. It has two practical effect ways, Mr. President. First is that the
findings of facts of the Ombudsman would be almost conclusive if supported
by substantial evidence. Second, we would not unnecessarily clog the docket
of the Supreme Court. So, it in effect will be a very strict appeal procedure.
xxxx
Senator [Teofisto T.] Guingona, [Jr.]. Does this mean that, for example, if there
are exhaustive remedies available to a respondent, the respondent himself has the
right to exhaust the administrative remedies available to him?

Senator Gonzales. A statement has been made by the Honorable Presiding Officer to
which I concur, that in an appeal by certiorari , the appeal is more difficult.
Because in certiorari it is a matter of discretion on the part of the court,
whether to give due course to the petition or dismiss it outright. Is that not
correct, Mr. President?
Senator Angara. That is absolutely correct, Mr. President
Senator Gonzales. And in a petition for certiorari , the issue is limited to
whether or not the Ombudsman here has acted without jurisdiction and has
committed a grave abuse of discretion amounting to lack of jurisdiction. Is that
not the consequence, Mr. President.
Senator Angara. That is correct, Mr. President.

Senator Gonzales. And it is, therefore, in this sense that the intention of the
Committee is to make it harder to have a judicial review, but should be limited
only to cases that I have enumerated.
Senator Angara. Yes, Mr. President.
Senator Gonzales. I think, Mr. President, our Supreme Court has made a distinction
between a petition for review and a petition for certiorari ; because before, under the
1935 Constitution appeal from any order, ruling or decision of the COMELEC shall be by
means of review. But under the Constitution it is now by certiorari and the Supreme
Court said that by this change, the court exercising judicial review will not inquire into
the facts, into the evidence, because we will not go deeply by way of review into the
evidence on record but its authority will be limited to a determination of whether the
administrative agency acted without, or in excess of, jurisdiction, or committed a grave
abuse of discretion. So, I assume that that is the purpose of this amendment, Mr.
President.
Senator Angara. The distinguished Gentleman has stated it so well.
Senator Gonzales. I just want to put that in the Record. Senator Angara. It is very
well stated, Mr. President.
xxxx
The President. It is evident that there must be some final authority to render
decisions. Should it be the Ombudsman or should it be the Supreme Court?
Senator Angara. As I understand it, under our scheme of government, Mr. President,
it is and has to be the Supreme Court to make the final determination.
The President. Then if that is so, we have to modify Section 17.
Senator Angara. That is why, Mr. President, some of our Colleagues have made a
reservation to introduce an appropriate change during the period of Individual
Amendments.
xxxx
The President. All right. Is there any objection to the amendment inserting the word
CERTIORARI instead of "review"? [Silence] Hearing none, the same is approved.128

Note that the exchange begins with the suggestion of Senator Angara to delete the
word "review" that comes after the phrase "petition for review" and, in its stead, insert
the word "certiorari" so that the "review or appeal from the decision of the Ombudsman
would not only be taken on a petition for review, but on certiorari" The ensuing
exchange between Senators Gonzales and Angara then dwells on the purpose of
changing the method of review from one of a petition for review to a petition for
certiorari - that is, to make "the appeal x x x more difficult." Ultimately, the
amendment to the change in wording, from "petition for review" to "petition for
certiorari" was approved.
Noticeably, these references to a "petition for review" and the proposed "petition for
certiorari" are nowhere to be found in the text of Section 14, RA 6770. In fact, it was
earlier mentioned that this provision, particularly its second paragraph, does not
indicate what specific procedural remedy one should take in assailing a decision or
finding of the Ombudsman; it only reveals that the remedy be taken to this Court
based on pure questions of law. More so, it was even commented upon during the oral
arguments of this case129 that there was no debate or clarification made on the current
formulation of the second paragraph of Section 14, RA 6770 per the available excerpts
of the Senate deliberations. In any case, at least for the above-cited deliberations, the
Court finds no adequate support to sustain the Ombudsman's entreaty that the CA had
no subject matter jurisdiction over the main CA-G.R. SP No. 139453 petition.
On the contrary, it actually makes greater sense to posit that these deliberations refer
to another Ombudsman Act provision, namely Section 27, RA 6770. This is because the
latter textually reflects the approval of Senator Angara's suggested amendment, i.e.,
that the Ombudsman's decision or finding may be assailed in a petition for certiorari to
this Court (fourth paragraph), and further, his comment on the conclusive nature of the
factual findings of the Ombudsman, if supported by substantial evidence (third
paragraph):
Section 27. Effectivity and Finality of Decisions. (1) All provisionary orders of the
Office of the Ombudsman are immediately effective and executory.
A motion for reconsideration of any order, directive or decision of the Office of the
Ombudsman must be filed within five (5) days after receipt of written notice and shall
be entertained only on any of the following grounds:
(1) New evidence has been discovered which materially affects the order, directive or
decision;
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(2) Errors of law or irregularities have been committed prejudicial to the interest of the
movant. The motion for reconsideration shall be resolved within three (3) days from
filing: Provided, That only one motion for reconsideration shall be entertained.
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Upon an assiduous scrutiny of these deliberations, the Court is, however, unconvinced
that the provision debated on was Section 14, RA 6770, as the Ombudsman invokes.

Findings of fact by the Office of the Ombudsman when supported by substantial

evidence are conclusive. Any order, directive or decision imposing the penalty of public

censure or reprimand, suspension of not more than one (1) month's salary shall be
final and unappealable.
In all administrative disciplinary cases, orders, directives, or decisions of the
Office of the Ombudsman may be appealed to the Supreme Court by filing a
petition for certiorari within ten (10) days from receipt of the written notice of
the order, directive or decision or denial of the motion for reconsideration in
accordance with Rule 45 of the Rules of Court.
The above rules may be amended or modified by the Office of the ' Ombudsman as the
interest of justice may require. (Emphasis and underscoring supplied)
At first blush, it appears that Section 27, RA 6770 is equally ambiguous in stating that
a "petition for certiorari" should be taken in accordance with Rule 45 of the Rules of
Court, as it is well-known that under the present 1997 Rules of Civil Procedure,
petitions for certiorari are governed by Rule 65 of the said Rules. However, it should be
discerned that the Ombudsman Act was passed way back in 1989 130 and, hence, before
the advent of the 1997 Rules of Civil Procedure.131 At that time, the governing 1964
Rules of Court,132 consistent with Section 27, RA 6770, referred to the appeal taken
thereunder as a petition for certiorari , thus possibly explaining the remedy's textual
denomination, at least in the provision's final approved version:
RULE 45
Appeal from Court of Appeals to Supreme Court

range of remedies against issuances of the Ombudsman, by prohibiting: (a) an

appeal against any decision or finding of the Ombudsman, and (b) "any application of
remedy" (subject to the exception below) against the same. To clarify, the phrase
"application for remedy," being a generally worded provision, and being separated from
the term "appeal" by the disjunctive "or",133 refers to any remedy (whether taken
mainly or provisionally), except an appeal, following the maxim generalia verba sunt
generaliter intelligenda: general words are to be understood in a general sense. 134 By
the same principle, the word "findings," which is also separated from the word
"decision" by the disjunctive "or", would therefore refer to any finding made by the
Ombudsman (whether final or provisional), except a decision.
The subject provision, however, crafts an exception to the foregoing general rule.
While the specific procedural vehicle is not explicit from its text, it is fairly deducible
that the second paragraph of Section 14, RA 6770 excepts, as the only allowable
remedy against "the decision or findings of the Ombudsman," a Rule 45 appeal, for
the reason that it is the only remedy taken to the Supreme Court on "pure
questions of law," whether under the 1964 Rules of Court or the 1997 Rules of Civil
Procedure:
Rule 45, 1964 Rules of Court
RULE 45
Appeal from Court of Appeals to Supreme Court
xxxx

SECTION 1. Filing of Petition with Supreme Court. - A party may appeal by certiorari ,
from a judgment of the Court of Appeals, by filing with the Supreme Court a petition
for certiorari , within fifteen (15) days from notice of judgment or of the denial of his
motion for reconsideration filed in due time, and paying at the same time, to the clerk
of said court the corresponding docketing fee. The petition shall not be acted upon
without proof of service of a copy thereof to the Court of Appeals. (Emphasis supplied)
B. Construing the second paragraph of
Section 14, RA 6770.
The Senate deliberations' lack of discussion on the second paragraph of Section 14, RA
6770 notwithstanding, the other principles of statutory construction can apply to
ascertain the meaning of the provision.
To recount, the second paragraph of Section 14, RA 6770 states that "[n]o court shall
hear any appeal or application for remedy against the decision or findings of
the Ombudsman, except the Supreme Court, on pure question of law." ;
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As a general rule, the second paragraph of Section 14, RA 6770 bans the whole

Section 2. Contents of Petition. The petition shall contain a concise statement of the
matters involved, the assignment of errors made in the court below, and the reasons
relied on for the allowance of the petition, and it should be accompanied with a true
copy of the judgment sought to be reviewed, together with twelve (12) copies of the
record on appeal, if any, and of the petitioner's brief as filed in the Court of Appeals. A
verified statement of the date when notice of judgment and denial of the motion for
reconsideration, if any, were received shall accompany the petition.
Only questions of law may be raised in the petition and must be distinctly set
forth. If no record on appeal has been filed in the Court of Appeals, the clerk of the
Supreme Court, upon admission of the petition, shall demand from the Court of Appeals
the elevation of the whole record of the case. (Emphasis and underscoring supplied)
Rule 45, 1997 Rules of Civil Procedure

RULE 45
Appeal by Certiorari to the Supreme Court

Section 1. Filing of petition with Supreme Court. - A party desiring to appeal by

certiorari from a judgment, final order or resolution of the Court of Appeals, the
Sandiganbayan, the Court of Tax Appeals, the Regional Trial Court or other courts,
whenever authorized by law, may file with the Supreme Court a verified petition for
review on certiorari. The petition may include an application for a writ of preliminary
injunction or other provisional remedies and shall raise only questions of law,
which must be distinctly set forth. The petitioner may seek the same provisional
remedies by verified motion filed in the same action or proceeding at any time during
its pendency. (Emphasis and underscoring supplied)
That the remedy excepted in the second paragraph of Section 14, RA 6770 could be a
petition for certiorari under Rule 65 of the 1964 Rules of Court or the 1997 Rules of
Procedure is a suggestion that defies traditional norms of procedure. It is basic
procedural law that a Rule 65 petition is based on errors of jurisdiction, and not errors
of judgment to which the classifications of (a) questions of fact, (b) questions of law, or
(c) questions of mixed fact and law, relate to. In fact, there is no procedural rule,
whether in the old or new Rules, which grounds a Rule 65 petition on pure questions of
law. Indeed, it is also a statutory construction principle that the lawmaking body cannot
be said to have intended the establishment of conflicting and hostile systems on the
same subject. Such a result would render legislation a useless and idle ceremony, and
subject the laws to uncertainty and unintelligibility.135 There should then be no
confusion that the second paragraph of Section 14, RA 6770 refers to a Rule 45 appeal
to this Court, and no other. In sum, the appropriate construction of this Ombudsman
Act provision is that all remedies against issuances of the Office of the Ombudsman are
prohibited, except the above-stated Rule 45 remedy to the Court on pure questions of
law.

In Fabian, the Court struck down the fourth paragraph of Section 27, RA 6770 as
unconstitutional since it had the effect of increasing the appellate jurisdiction of the
Court without its advice and concurrence in violation of Section 30, Article VI of the
1987 Constitution.139 Moreover, this provision was found to be inconsistent with Section
1, Rule 45 of the present 1997 Rules of Procedure which, as above-intimated, applies
only to a review of "judgments or final orders of the Court of Appeals, the
Sandiganbayan, the Court of Tax Appeals, the Regional Trial Court, or other courts
authorized by law;" and not of quasi-judicial agencies, such as the Office of the
Ombudsman, the remedy now being a Rule 43 appeal to the Court of Appeals. In
Ruivivar v. Office of the Ombudsman,140 the Court's ratiocinations and ruling in Fabian
were recounted:
The case of Fabian v. Desierto arose from the doubt created in the application of
Section 27 of R.A. No. 6770 (The Ombudsman's Act) and Section 7, Rule III of A.O. No.
7 (Rules of Procedure of the Office of the Ombudsman) on the availability of appeal
before the Supreme Court to assail a decision or order of the Ombudsman in
administrative cases. In Fabian, we invalidated Section 27 of R.A. No. 6770 (and
Section 7, Rule III of A.O. No. 7 and the other rules implementing the Act)
insofar as it provided for appeal by certiorari under Rule 45 from the decisions
or orders of the Ombudsman in administrative cases. We held that Section 27
of R.A. No. 6770 had the effect, not only of increasing the appellate
jurisdiction of this Court without its advice and concurrence in violation of
Section 30, Article VI of the Constitution; it was also inconsistent with Section
1, Rule 45 of the Rules of Court which provides that a petition for review on
certiorari shall apply only to a review of "judgments or final orders of the
Court of Appeals, the Sandiganbayan, the Court of Tax Appeals, the Regional
Trial Court, or other courts authorized by law." We pointedly said:
As a consequence of our ratiocination that Section 27 of Republic Act No. 6770 should
be struck down as unconstitutional, and in line with the regulatory philosophy adopted
in appeals from quasi-judicial agencies in the 1997 Revised Rules of Civil Procedure,
appeals from decisions of the Office of the Ombudsman in administrative disciplinary
cases should be taken to the CA under the provisions of Rule 43. 141 (Emphasis supplied)
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C. Validity of the second paragraph of

Section 14, RA 6770.
Of course, the second paragraph of Section 14, RA 6770's extremely limited restriction
on remedies is inappropriate since a Rule 45 appeal -which is within the sphere of the
rules of procedure promulgated by this Court - can only be taken against final decisions
or orders of lower courts,136 and not against "findings" of quasi-judicial agencies. As will
be later elaborated upon, Congress cannot interfere with matters of procedure; hence,
it cannot alter the scope of a Rule 45 appeal so as to apply to interlocutory "findings"
issued by the Ombudsman. More significantly, by confining the remedy to a Rule 45
appeal, the provision takes away the remedy of certiorari, grounded on errors of
jurisdiction, in denigration of the judicial power constitutionally vested in courts. In this
light, the second paragraph of Section 14, RA 6770 also increased this Court's appellate
jurisdiction, without a showing, however, that it gave its consent to the same. The
provision is, in fact, very similar to the fourth paragraph of Section 27, RA 6770 (as
above-cited), which was invalidated in the case of Fabian v. Desiertoni137 (Fabian).138

Since the second paragraph of Section 14, RA 6770 limits the remedy against "decision
or findings" of the Ombudsman to a Rule 45 appeal and thus - similar to the fourth
paragraph of Section 27, RA 6770142 - attempts to effectively increase the Supreme
Court's appellate jurisdiction without its advice and concurrence, 143 it is therefore
concluded that the former provision is also unconstitutional and perforce, invalid.
Contrary to the Ombudsman's posturing,144Fabian should squarely apply since the
above-stated Ombudsman Act provisions are in part materia in that they "cover the
same specific or particular subject matter,"145 that is, the manner of judicial review over
issuances of the Ombudsman.

Note that since the second paragraph of Section 14, RA 6770 is clearly determinative of
the existence of the CA's subject matter jurisdiction over the main CA-G.R. SP No.
139453 petition, including all subsequent proceedings relative thereto, as the
Ombudsman herself has developed, the Court deems it proper to resolve this issue ex
mero motu (on its own motion146). This procedure, as was similarly adopted in Fabian,
finds its bearings in settled case law:

In Office of the Ombudsman v. Capulong151 (March 12, 2014), wherein a preventive

suspension order issued by the Office of the Ombudsman was - similar to this case assailed through a Rule 65 petition for certiorari filed by the public officer before the
CA, the Court held that "[t]here being a finding of grave abuse of discretion on the part
of the Ombudsman, it was certainly imperative for the CA to grant incidental reliefs, as
sanctioned by Section 1 of Rule 65."152

The conventional rule, however, is that a challenge on constitutional grounds must be

raised by a party to the case, neither of whom did so in this case, but that is not an
inflexible rule, as we shall explain.

In Dagan v. Office of the Ombudsman153 (November 19, 2013), involving a Rule 65

petition for certiorari assailing a final and unappealable order of the Office of the
Ombudsman in an administrative case, the Court remarked that "petitioner employed
the correct mode of review in this case, i.e., a special civil action for certiorari before
the Court of Appeals."154 In this relation, it stated that while "a special civil action for
Certiorari is within the concurrent original jurisdiction of the Supreme Court and the
Court of Appeals, such petition should be initially filed with the Court of Appeals in
observance of the doctrine of hierarchy of courts." Further, the Court upheld Barata v.
Abalos, Jr.155 (June 6, 2001), wherein it was ruled that the remedy against final and
unappealable orders of the Office of the Ombudsman in an administrative case was a
Rule 65 petition to the CA. The same verdict was reached in Ruivivar156 (September 16,
2008).

Since the constitution is intended for the observance of the judiciary and other
departments of the government and the judges are sworn to support its provisions, the
courts are not at liberty to overlook or disregard its commands or countenance
evasions thereof. When it is clear , that a statute transgresses the authority vested in a
legislative body, it is the duty of the courts to declare that the constitution, and not the
statute, governs in a case before them for judgment.
Thus, while courts will not ordinarily pass upon constitutional questions which are not
raised in the pleadings, the rule has been recognized to admit of certain exceptions. It
does not preclude a court from inquiring into its own jurisdiction or compel it to enter a
judgment that it lacks jurisdiction to enter. If a statute on which a court's jurisdiction in
a proceeding depends is unconstitutional, the court has no jurisdiction in the
proceeding, and since it may determine whether or not it has jurisdiction, it necessarily
follows that it may inquire into the constitutionality of the statute.
Constitutional questions, not raised in the regular and orderly procedure in the
trial are ordinarily rejected unless the jurisdiction of the court below or that of
the appellate court is involved in which case it may be raised at any time or on
the court's own motion. The Court ex mero motu may take cognizance of lack of
jurisdiction at any point in the case where that fact is developed. The court has a
clearly recognized right to determine its own jurisdiction in any proceeding. 147
(Emphasis supplied)
D. Consequence of invalidity.
In this case, the Rule 65 petition for certiorari in CA-G.R. SP No. 139453 was filed by
Binay, Jr. before the CA in order to nullify the preventive suspension order issued by the
Ombudsman, an interlocutory order,148 hence, unappealable.149
In several cases decided after Fabian, the Court has ruled that Rule 65 petitions for
certiorari against unappelable issuances150 of the Ombudsman should be filed before the
CA, and not directly before this Court:

Thus, with the unconstitutionality of the second paragraph of Section 14, RA 6770, the
Court, consistent with existing jurisprudence, concludes that the CA has subject matter
jurisdiction over the main CA-G.R. SP No. 139453 petition. That being said, the Court
now examines the objections of the Ombudsman, this time against the CA's authority
to issue the assailed TRO and WPI against the implementation of the preventive
suspension order, incidental to that main case.
III.
From the inception of these proceedings, the Ombudsman has been adamant that the
CA has no jurisdiction to issue any provisional injunctive writ against her office to
enjoin its preventive suspension orders. As basis, she invokes the first paragraph of
Section 14, RA 6770 in conjunction with her office's independence under the 1987
Constitution. She advances the idea that "[i]n order to further ensure [her office's]
independence, [RA 6770] likewise insulated it from judicial intervention," 157 particularly,
"from injunctive reliefs traditionally obtainable from the courts," 158 claiming that said
writs may work "just as effectively as direct harassment or political pressure would." 159
A. The concept of Ombudsman independence.
Section 5, Article XI of the 1987 Constitution guarantees the independence of the Office
of the Ombudsman:

Section 5. There is hereby created the independent Office of the Ombudsman,

composed of the Ombudsman to be known as Tanodbayan, one overall Deputy and at
least one Deputy each for Luzon, Visayas[,] and Mindanao. A separate Deputy for the
military establishment may likewise be appointed. (Emphasis supplied)
In Gonzales III v. Office of the President160 (Gonzales III), the Court traced the
historical underpinnings of the Office of the Ombudsman:

Under Section 12, Article XI of the 1987 Constitution, the Office of the Ombudsman is
envisioned to be the "protector of the people" against the inept, abusive, and corrupt in
the Government, to function essentially as a complaints and action bureau. This
constitutional vision of a Philippine Ombudsman practically intends to make the
Ombudsman an authority to directly check and guard against the ills, abuses and
excesses , of the bureaucracy. Pursuant to Section 13 (8), Article XI of the 1987
Constitution, Congress enacted RA No. 6770 to enable it to further realize the vision of
the Constitution. Section 21 of RA No. 6770 provides:
Section 21. Official Subject to Disciplinary Authority; Exceptions. - The Office of the
Ombudsman shall have disciplinary authority over all elective and appointive officials of
the Government and its subdivisions, instrumentalities, and agencies, including
Members of the Cabinet, local government, government-owned or controlled
corporations and their subsidiaries, except over officials who may be removed only by
impeachment or over Members of Congress, and the Judiciary.
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Prior to the 1973 Constitution, past presidents established several Ombudsman-like

agencies to serve as the people's medium for airing grievances and for direct redress
against abuses and misconduct in the government. Ultimately, however, these agencies
failed to fully realize their objective for lack of the political independence necessary for
the effective performance of their function as government critic.

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It was under the 1973 Constitution that the Office of the Ombudsman became a
constitutionally-mandated office to give it political independence and adequate powers
to enforce its mandate. Pursuant to the ( 1973 Constitution, President Ferdinand
Marcos enacted Presidential Decree (PD) No. 1487, as amended by PD No. 1607 and PD
No. 1630, creating the Office of the Ombudsman to be known as Tanodbayan. It was
tasked principally to investigate, on complaint or motu proprio, any administrative act
of any administrative agency, including any government-owned or controlled
corporation. When the Office of the Tanodbayan was reorganized in 1979, the powers
previously vested in the Special Prosecutor were transferred to the Tanodbayan himself.
He was given the exclusive authority to conduct preliminary investigation of all cases
cognizable by the Sandiganbayan, file the corresponding information, and control the
prosecution of these cases.
With the advent of the 1987 Constitution, a new Office of the Ombudsman was created
by constitutional fiat. Unlike in the 1973 Constitution, its independence was
expressly and constitutionally guaranteed. Its objectives are to enforce the state
policy in Section 27, Article II and the standard of accountability in public service under
Section 1, Article XI of the 1987 Constitution. These provisions read:
Section 27. The State shall maintain honesty and integrity in the public service and
take positive and effective measures against graft and corruption.
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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,
loyalty, and efficiency; act with patriotism and justice, and lead modest lives. 161
(Emphasis supplied)
More significantly, Gonzales III explained the broad scope of the office's mandate, and
in correlation, the impetus behind its independence:

As the Ombudsman is expected to be an "activist watchman," the < Court has upheld
its actions, although not squarely falling under the broad powers granted [to] it by the
Constitution and by RA No. 6770, if these actions are reasonably in line with its official
function and consistent with the law and the Constitution.
The Ombudsman's broad investigative and disciplinary powers include all acts of
malfeasance, misfeasance, and nonfeasance of all public officials, including Members of
the Cabinet and key Executive officers, during their tenure. To support these broad
powers, the Constitution saw it fit to insulate the Office of the Ombudsman
from the pressures and influence of officialdom and partisan politics and from
fear of external reprisal by making it an "independent" office, x x x.
xxxx
Given the scope of its disciplinary authority, the Office of the Ombudsman is a very
powerful government constitutional agency that is considered "a notch above other
grievance-handling investigative bodies." It has powers, both constitutional and
statutory, that are commensurate , with its daunting task of enforcing accountability of
public officers.162 (Emphasis and underscoring supplied)
Gonzales III is the first case which grappled with the meaning of the Ombudsman's
independence vis-a-vis the independence of the other constitutional bodies. Pertinently,
the Court observed:
(1) "[T]he independence enjoyed by the Office of the Ombudsman and by the
Constitutional Commissions shares certain characteristics - they do not owe their
existence to any act of Congress, but are created by the Constitution itself;
additionally, they all enjoy fiscal autonomy. In general terms, the framers of the
Constitution intended that these 'independent' bodies be insulated from
political pressure to the extent that the absence of 'independence' would result in the

impairment of their core functions"163;

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(2) "[T]he Judiciary, the Constitutional Commissions, and the Ombudsman must have
the independence and flexibility needed in the discharge of their constitutional duties.
The imposition of restrictions and constraints on the manner the independent
constitutional offices allocate and utilize the funds appropriated for their
operations is anathema to fiscal autonomy and violative not only [of] the express
mandate of the Constitution, but especially as regards the Supreme Court, of the
independence and separation of powers upon which the entire fabric of our
constitutional system is based";164 and
(3) "[T]he constitutional deliberations explain the Constitutional Commissions' need for
independence. In the deliberations of the 1973 Constitution, the delegates amended
the 1935 Constitution by providing for a constitutionally-created Civil Service
Commission, instead of one created by law, on the premise that the effectivity of
this body is dependent on its freedom from the tentacles of politics. In a similar
manner, the deliberations of the 1987 Constitution on the Commission on Audit
highlighted the developments in the past Constitutions geared towards insulating
the Commission on Audit from political pressure."165
At bottom, the decisive ruling in Gonzales III, however, was that the independence of
the Office of the Ombudsman, as well as that of the foregoing independent bodies,
meant freedom from control or supervision of the Executive Department:
[T]he independent constitutional commissions have been consistently intended by the
framers to be independent from executive control or supervision or any form of
political influence. At least insofar as these bodies are concerned, jurisprudence is
not scarce on how the "independence" granted to these bodies prevents presidential
interference.
In Brillantes, Jr. v. Yorac (G.R. No. 93867, December 18, 1990, 192 SCRA 358), we
emphasized that the Constitutional Commissions, which have been characterized under
the Constitution as "independent," are not under the control of the President, even
if they discharge functions that are executive in nature. The Court declared as
unconstitutional the President's act of temporarily appointing the respondent in that
case as Acting Chairman of the [Commission on Elections] "however well-meaning" it
might have been.
In Bautista v. Senator Salonga (254 Phil. 156, 179 [1989]), the Court categorically
stated that the tenure of the commissioners of the independent Commission on Human
Rights could not be placed under the discretionary power of the President.
xxxx
The kind of independence enjoyed by the Office of the Ombudsman certainly cannot be

inferior - but is similar in degree and kind - to the independence similarly guaranteed
by the Constitution to the Constitutional Commissions since all these offices fill the
political interstices of a republican democracy that are crucial to its existence and
proper functioning.166 (Emphases and underscoring supplied)
Thus, in Gonzales III, the Court declared Section 8 (2), RA 6770, which provides that
"[a] Deputy or the Special Prosecutor, may be removed from office by the President for
any of the grounds provided for the removal of the Ombudsman, and after due
process," partially unconstitutional insofar as it subjected the Deputy Ombudsman to
the disciplinary authority of the President for violating the principle of independence.
Meanwhile, the validity of Section 8 (2), RA 6770 was maintained insofar as the Office
of the Special Prosecutor was concerned since said office was not considered to be
constitutionally within the Office of the Ombudsman and is, hence, not entitled to the
independence the latter enjoys under the Constitution. 167
As may be deduced from the various discourses in Gonzales III, the concept of
Ombudsman's independence covers three (3) things:
First: creation by the Constitution, which means that the office cannot be abolished,
nor its constitutionally specified functions and privileges, be removed, altered, or
modified by law, unless the Constitution itself allows, or an amendment thereto is
made;
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Second: fiscal autonomy, which means that the office "may not be obstructed from
[its] freedom to use or dispose of [its] funds for purposes germane to [its]
functions;168hence, its budget cannot be strategically decreased by officials of the
political branches of government so as to impair said functions; and
Third: insulation from executive supervision and control, which means that those
within the ranks of the office can only be disciplined by an internal authority.
Evidently, all three aspects of independence intend to protect the Office of the
Ombudsman from political harassment and pressure, so as to free it from the
"insidious tentacles of politics."169
That being the case, the concept of Ombudsman independence cannot be invoked as
basis to insulate the Ombudsman from judicial power constitutionally vested unto the
courts. Courts are apolitical bodies, which are ordained to act as impartial tribunals and
apply even justice to all. Hence, the Ombudsman's notion that it can be exempt from
an incident of judicial power - that is, a provisional writ of injunction against a
preventive suspension order - clearly strays from the concept's rationale of insulating
the office from political harassment or pressure.
B. The first paragraph of Section 14, RA

6770 in light of the powers of Congress and the

Court under the 1987 Constitution.
The Ombudsman's erroneous abstraction of her office's independence notwithstanding,
it remains that the first paragraph of Section 14, RA 6770 textually prohibits courts
from extending provisional injunctive relief to delay any investigation conducted by her
office. Despite the usage of the general phrase "[n]o writ of injunction shall be issued
by any court," the Ombudsman herself concedes that the prohibition does not cover the
Supreme Court.170 As support, she cites the following Senate deliberations:
Senator [Ernesto M.] Maceda. Mr. President, I do not know if an amendment is
necessary. I would just like to inquire for the record whether below the
Supreme Court, it is understood that there is no injunction policy against the
Ombudsman by lower courts. Or, is it necessary to have a special paragraph
for that?
Senator Angara. Well, there is no provision here, Mr. President, that will prevent an
injunction against the Ombudsman being issued.
Senator Maceda. In which case, I think that the intention, this being one of
the highest constitutional bodies, is to subject this only to certiorari to the
Supreme Court. I think an injunction from the Supreme Court is, of course, in
order but no lower courts should be allowed to interfere. We had a very bad
experience with even, let us say, the Forestry Code where no injunction is supposed to
be issued against the Department of Natural Resources. Injunctions are issued right
and left by RTC judges all over the country.
The President. Why do we not make an express provision to that effect?
Senator Angara. We would welcome that, Mr. President.
The President. No [writs of injunction] from the trial courts other than the
Supreme Court.
Senator Maceda. I so move, Mr. President, for that amendment.
The President. Is there any objection? [Silence] Hearing none, the same is
approved.171
Further, she acknowledges that by virtue of Sections 1 and 5 (1), Article VIII of the
1987 Constitution, acts of the Ombudsman, including interlocutory orders, are subject
to the Supreme Court's power of judicial review As a corollary, the Supreme Court may
issue ancillary mjunctive writs or provisional remedies in the exercise of its power of
judicial review over matters pertaining to ongoing investigations by the Office of the

Ombudsman. Respecting the CA, however, the Ombudsman begs to differ.172

With these submissions, it is therefore apt to examine the validity of the first paragraph
of Section 14, RA 6770 insofar as it prohibits all courts, except this Court, from issuing
provisional writs of injunction to enjoin an Ombudsman investigation. That the
constitutionality of this provision is the lis mota of this case has not been seriously
disputed. In fact, the issue anent its constitutionality was properly raised and presented
during the course of these proceedings.173 More importantly, its resolution is clearly
necessary to the complete disposition of this case.174
In the enduring words of Justice Laurel in Angara v. The Electoral Commission
(Angara),175 the "Constitution has blocked out with deft strokes and in bold lines,
allotment of power to the executive, the legislative[,] and the judicial departments of
the government."176 The constitutional demarcation of the three fundamental powers of
government is more commonly known as the principle of separation of powers. In the
landmark case of Belgica v. Ochoa, Jr. (Belgica),177 the Court held that "there is a
violation of the separation of powers principle when one branch of government unduly
encroaches on the domain of another."178 In particular, "there is a violation of the
principle when there is impermissible (a) interference with and/or (b) assumption of
another department's functions."179
Under Section 1, Article VIII of the 1987 Constitution, judicial power is allocated to
the Supreme Court and all such lower courts:
Section 1. The judicial power shall be vested in one Supreme Court and in such lower
courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion amounting to lack or excess
of jurisdiction on the part of any branch or instrumentality of the Government.
This Court is the only court established by the Constitution, while all other lower
courts may be established by laws passed by Congress. Thus, through the
passage of Batas Pambansa Bilang (BP) 129,180 known as "The Judiciary Reorganization
Act of 1980," the Court of Appeals,181 the Regional Trial Courts,182 and the Metropolitan
Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts 183 were
established. Later, through the passage of RA 1125,184 and Presidential Decree No. (PD)
1486,185 the Court of Tax Appeals, and the Sandiganbayan were respectively
established.
In addition to the authority to establish lower courts, Section 2, Article VIII of the
1987 Constitution empowers Congress to define, prescribe, and apportion the

jurisdiction of all courts, except that it may not deprive the Supreme Court of
its jurisdiction over cases enumerated in Section 5186 of the same Article:
Section 2. The Congress shall have the power to define, prescribe, ' and apportion the
jurisdiction of the various courts but may not deprive the Supreme Court of its
jurisdiction over cases enumerated in Section 5 hereof.
xxxx

becoming regard for that judicial hierarchy most certainly indicates that petitions for
the issuance of extraordinary writs against first level ("inferior") courts should be filed
with the Regional Trial Court, and those against the latter, with the Court of Appeals. 189
When a court has subject matter jurisdiction over a particular case, as conferred
unto it by law, said court may then exercise its jurisdiction acquired over that case,
which is called judicial power.

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Jurisdiction, as hereinabove used, more accurately pertains to jurisdiction over the

subject matter of an action. In The Diocese ofBacolod v. Commission on Elections,187
subject matter jurisdiction was defined as "the authority 'to hear and determine
cases of the general class to which the proceedings in question belong and is
conferred by the sovereign authority which organizes the court and defines its
powers.'"

Judicial power, as vested in the Supreme Court and all other courts established by
law, has been defined as the "totality of powers a court exercises when it
assumes jurisdiction and hears and decides a case."190 Under Section 1, Article
VIII of the 1987 Constitution, it includes "the duty of the courts of justice to settle
actual controversies involving rights which are legally demandable and
enforceable, and to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government."

Among others, Congress defined, prescribed, and apportioned the subject matter
jurisdiction of this Court (subject to the aforementioned constitutional limitations), the
Court of Appeals, and the trial courts, through the passage of BP 129, as amended.

In Oposa v. Factoran, Jr.191 the Court explained the expanded scope of judicial power
under the 1987 Constitution:

In this case, the basis for the CA's subject matter jurisdiction over Binay, Jr.'s main
petition for certiorari in CA-G.R. SP No. 139453 is Section 9(1), Chapter I of BP 129,
as amended:
Section 9. Jurisdiction. - The Court of Appeals shall exercise:
1.

Original jurisdiction to issue writs of mandamus, prohibition, certiorari,

habeas corpus, and quo warranto, and auxiliary writs or processes,
whether or not in aid of its appellate jurisdiction[.]

Note that the CA's certiorari jurisdiction, as above-stated, is not only original but also
concurrent with the Regional Trial Courts (under Section 21 (1), Chapter II of BP 129),
and the Supreme Court (under Section 5, Article VIII of the 1987 Philippine
Constitution). In view of the concurrence of these courts' jurisdiction over petitions for
certiorari, the doctrine of hierarchy of courts should be followed. In People v.
Cuaresma,188 the doctrine was explained as follows:
[T]his concurrence of jurisdiction is not x x x to be taken as according to parties
seeking any of the writs an absolute, unrestrained freedom of choice of the court to
which application therefor will be directed. There is after all a hierarchy of courts.
That hierarchy is determinative of the venue of appeals, and should also serve as a
general determinant of the appropriate forum for petitions for the extraordinary writs. A

The first part of the authority represents the traditional concept of judicial power,
involving the settlement of conflicting rights as conferred by law. The second part of the
authority represents a broadening of f judicial power to enable the courts of justice to
review what was before forbidden territory, to wit, the discretion of the political
departments of the government.
As worded, the new provision vests in the judiciary, and particularly the Supreme
Court, the power to rule upon even the wisdom of the decisions of the executive and
the legislature and to declare their acts invalid for lack or excess of jurisdiction because
they are tainted with grave abuse of discretion. The catch, of course, is the meaning of
"grave abuse of discretion," which is a very elastic phrase that can expand or contract
according to the disposition of the judiciary.192
Judicial power is never exercised in a vacuum. A court's exercise of the jurisdiction
it has acquired over a particular case conforms to the limits and parameters of
the rules of procedure duly promulgated by this Court. In other words, procedure
is the framework within which judicial power is exercised. In Manila Railroad Co. v.
Attorney-General,193 the Court elucidated that "[t]he power or authority of the court
over the subject matter existed and was fixed before procedure in a given cause began.
Procedure does not alter or change that power or authority; it simply directs
the manner in which it shall be fully and justly exercised. To be sure, in certain
cases, if that power is not exercised in conformity with the provisions of the procedural
law, purely, the court attempting to exercise it loses the power to exercise it legally.
This does not mean that it loses jurisdiction of the subject matter." 194

While the power to define, prescribe, and apportion the jurisdiction of the various
courts is, by constitutional design, vested unto Congress, the power to promulgate
rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts belongs exclusively to this
Court. Section 5 (5), Article VIII of the 1987 Constitution reads:
Section 5. The Supreme Court shall have the following powers:
xxxx
(5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform for all courts of the same grade, and shall
not diminish, increase, or modify substantive rights. Rules of procedure of special
courts and quasi-judicial bodies shall remain effective unless disapproved by the
Supreme Court. (Emphases and underscoring supplied)
In Echegaray v. Secretary of Justice195 (Echegaray), the Court traced the evolution of its
rule-making authority, which, under the 1935196 and 1973 Constitutions,197 had been
priorly subjected to a power-sharing scheme with Congress.198 As it now stands, the
1987 Constitution textually altered the old provisions by deleting the concurrent
power of Congress to amend the rules, thus solidifying in one body the Court's
rule-making powers, in line with the Framers' vision of institutionalizing a
"[s]tronger and more independent judiciary."199
The records of the deliberations of the Constitutional Commission would show 200 that
the Framers debated on whether or not the Court's rule-making powers should be
shared with Congress. There was an initial suggestion to insert the sentence "The
National Assembly may repeal, alter, or supplement the said rules with the advice and
concurrence of the Supreme Court", right after the phrase "Promulgate rules
concerning the protection and enforcement of constitutional rights, pleading, practice,
and procedure in all courts, the admission to the practice of law, the integrated bar, and
legal assistance to the underprivileged^" in the enumeration of powers of the Supreme
Court. Later, Commissioner Felicitas S. Aquino proposed to delete the former sentence
and, instead, after the word "[underprivileged," place a comma (,) to be followed by
"the phrase with the concurrence of the National Assembly." Eventually, a compromise
formulation was reached wherein (a) the Committee members agreed to Commissioner
Aquino's proposal to delete the phrase "the National Assembly may repeal, alter, or
supplement the said rules with the advice and concurrence of the Supreme Court" and
(b) in turn, Commissioner Aquino agreed to withdraw his proposal to add "the phrase
with the concurrence of the National Assembly." The changes were approved,

thereby leading to the present lack of textual reference to any form of

Congressional participation in Section 5 (5), Article VIII, supra. The prevailing
consideration was that "both bodies, the Supreme Court and the Legislature,
have their inherent powers."201
Thus, as it now stands, Congress has no authority to repeal, alter, or supplement rules
concerning pleading, practice, and procedure. As pronounced in Echegaray:
The rule making power of this Court was expanded. This Court for the first time was
given the power to promulgate rules concerning the protection and enforcement of
constitutional rights. The Court was also r granted for the first time the power to
disapprove rules of procedure of special courts and quasi-judicial bodies. But most
importantly, the 1987 Constitution took away the power of Congress to repeal,
alter, or supplement rules concerning pleading, practice and procedure. In
fine, the power to promulgate rules of pleading, practice and procedure is no
longer shared by this Court with Congress, more so with the Executive.202
(Emphasis and underscoring supplied)
Under its rule-making authority, the Court has periodically passed various rules of
procedure, among others, the current 1997 Rules of Civil Procedure. Identifying the
appropriate procedural remedies needed for the reasonable exercise of every
court's judicial power, the provisional remedies of temporary restraining
orders and writs of preliminary injunction were thus provided.
A temporary restraining order and a writ of preliminary injunction both constitute
temporary measures availed of during the pendency of the action. They are, by nature,
ancillary because they are mere incidents in and are dependent upon the result of the
main action. It is well-settled that the sole object of a temporary restraining order
or a writ of preliminary injunction, whether prohibitory or mandatory, is to
preserve the status quo203 until the merits of the case can be heard. They are usually
granted when it is made to appear that there is a substantial controversy between the
parties and one of them is committing an act or threatening the immediate commission
of an act that will cause irreparable injury or destroy the status quo of the controversy
before a full hearing can be had on the merits of the case. In other words, they are
preservative remedies for the protection of substantive rights or interests, and, hence,
not a cause of action in itself, but merely adjunct to a main suit. 204 In a sense, they are
regulatory processes meant to prevent a case from being mooted by the interim acts of
the parties.
Rule 58 of the 1997 Rules of Civil Procedure generally governs the provisional remedies
of a TRO and a WPI. A preliminary injunction is defined under Section 1, 205 Rule 58,
while Section 3206 of the same Rule enumerates the grounds for its issuance.
Meanwhile, under Section 5207 thereof, a TRO may be issued as a precursor to the
issuance of a writ of preliminary injunction under certain procedural parameters.

The power of a court to issue these provisional injunctive reliefs coincides with its
inherent power to issue all auxiliary writs, processes, and other means
necessary to carry its acquired jurisdiction into effect under Section 6, Rule
135 of the Rules of Court which reads:
Section 6. Means to carry jurisdiction into effect. - When by law jurisdiction is conferred
on a court or judicial officer, all auxiliary writs, f processes and other means necessary
to carry it into effect may be employed by such court or officer; and if the procedure to
be followed in the exercise of such jurisdiction is not specifically pointed out by law 208 or
by these rules, any suitable process or mode of proceeding may be adopted which
appears comfortable to the spirit of the said law or rules.
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In City of Manila v. Grecia-Cuerdo,209 which is a case involving "[t]he supervisory power

or jurisdiction of the [Court of Tax Appeals] to issue a writ of certiorari in aid of its
appellate jurisdiction"210 over "decisions, orders or resolutions of the RTCs in local tax
cases originally decided or resolved by them in the exercise of their original or appellate
jurisdiction,"211 the Court ruled that said power "should coexist with, and be a
complement to, its appellate jurisdiction to review, by appeal, the final orders and
decisions of the RTC, in order to have complete supervision over the acts of the
latter:"212
A grant of appellate jurisdiction implies that there is included in it the power
necessary to exercise it effectively, to make all orders that ; will preserve the
subject of the action, and to give effect to the final determination of the appeal.
It carries with it the power to protect that jurisdiction and to make the decisions of the
court thereunder effective. The court, in aid of its appellate jurisdiction, has authority to
control all auxiliary and incidental matters necessary to the efficient and proper
exercise of that jurisdiction. For this purpose, it may, when necessary, prohibit or
restrain the performance of any act which might interfere with the proper exercise of its
rightful jurisdiction in cases pending before it.213 (Emphasis supplied)
In this light, the Court expounded on the inherent powers of a court endowed with
subject matter jurisdiction:
[A] court which is endowed with a particular jurisdiction should have powers which are
necessary to enable it to act effectively within such jurisdiction. These should be
regarded as powers which are inherent in its jurisdiction and the court must
possess them in order to enforce its rules of practice and to suppress any
abuses of its process and to t defeat any attempted thwarting of such process.
xxxx

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Indeed, courts possess certain inherent powers which may be said to be implied from
a general grant of jurisdiction, in addition to those expressly conferred on them. These
inherent powers are such powers as are necessary for the ordinary and
efficient exercise of jurisdiction; or are essential to the existence, dignity and
functions of the courts, as well as to the due administration of justice; or are
directly appropriate, convenient and suitable to the execution of their granted
powers; and include the power to maintain the court's jurisdiction and render
it effective in behalf of the litigants.214 (Emphases and underscoring supplied)
Broadly speaking, the inherent powers of the courts resonates the long-entrenched
constitutional principle, articulated way back in the 1936 case of Angara, that "where a
general power is conferred or duty enjoined, every particular power necessary for the
exercise of the one or the performance of the other is also conferred." 215
In the United States, the "inherent powers doctrine refers to the principle, by which
the courts deal with diverse matters over which they are thought to have intrinsic
authority like procedural [rule-making] and general judicial housekeeping. To justify the
invocation or exercise of inherent powers, a court must show that the powers are
reasonably necessary to achieve the specific purpose for which the exercise is
sought. Inherent powers enable the judiciary to accomplish its constitutionally
mandated functions."216
In Smothers v. Lewis217 (Smothers), a case involving the constitutionality of a statute
which prohibited courts from enjoining the enforcement of a revocation order of an
alcohol beverage license pending appeal,218 the Supreme Court of Kentucky held:
[T]he Court is x x x vested with certain "inherent" powers to do that which is
reasonably necessary for the administration of justice within the scope of
their jurisdiction. x x x [W]e said while considering the rule making power and the
judicial power to be one and the same that ". . . the grant of judicial power [rule
making power] to the courts by the constitution carries with it, as a necessary
incident, the right to make that power effective in the administration of
justice." (Emphases supplied)
Significantly, Smothers characterized a court's issuance of provisional injunctive relief
as an exercise of the court's inherent power, and to this end, stated that any attempt
on the part of Congress to interfere with the same was constitutionally impermissible:
It is a result of this foregoing line of thinking that we now adopt the language
framework of 28 Am.Jur.2d, Injunctions, Section 15, and once and for all make clear
that a court, once having obtained jurisdiction of a cause of action, has, as an
incidental to its constitutional grant of power, inherent power to do all things reasonably
necessary to the administration of justice in the case before it. In the exercise of this

power, a court, when necessary in order to protect or preserve the subject

matter of the litigation, to protect its jurisdiction and to make its judgment
effective, may grant or issue a temporary injunction in aid of or ancillary to
the principal action.
The control over this inherent judicial power, in this particular instance the
injunction, is exclusively within the constitutional realm of the courts. As
such, it is not within the purview of the legislature to grant or deny the power
nor is it within the purview of the legislature to shape or fashion
circumstances under which this inherently judicial power may be or may not
be granted or denied.
This Court has historically recognized constitutional limitations upon the power of the
legislature to interfere with or to inhibit the performance of constitutionally granted and
inherently provided judicial functions, x x x
xxxx
We reiterate our previously adopted language, ". . . a court, once having obtained
jurisdiction of a cause of action, has, as incidental to its general jurisdiction, inherent
power to do all things reasonably necessary f to the administration of justice in the case
before it. . ." This includes the inherent power to issue injunctions. (Emphases
supplied)
Smothers also pointed out that the legislature's authority to provide a right to appeal in
the statute does not necessarily mean that it could control the appellate judicial
proceeding:
However, the fact that the legislature statutorily provided for this appeal does not give
it the right to encroach upon the constitutionally granted powers of the judiciary. Once
the administrative action has ended and the right to appeal arises the
legislature is void of any right to control a subsequent appellate judicial
proceeding. The judicial rules have come into play and have preempted the
field.219 (Emphasis supplied)
With these considerations in mind, the Court rules that when Congress passed the first
paragraph of Section 14, RA 6770 and, in so doing, took away from the courts their
power to issue a TRO and/or WPI to enjoin an investigation conducted by the
Ombudsman, it encroached upon this Court's constitutional rule-making authority.
Clearly, these issuances, which are, by nature, provisional reliefs and auxiliary writs
created under the provisions of the Rules of Court, are matters of procedure which
belong exclusively within the province of this Court. Rule 58 of the Rules of Court did
not create, define, and regulate a right but merely prescribed the means of
implementing an existing right220 since it only provided for temporary reliefs to preserve

the applicant's right in esse which is threatened to be violated during the course of a
pending litigation. In the case of Fabian,211 it was stated that:
If the rule takes away a vested right, it is not procedural. If the rule creates a right
such as the right to appeal, it may be classified as a substantive matter; but if it
operates as a means of implementing an existing right then the rule deals merely with
procedure.
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Notably, there have been similar attempts on the part of Congress, in the exercise of its
legislative power, to amend the Rules of Court, as in the cases of: (a) In Re: Exemption
of The National Power Corporation from Payment of Filing/ Docket Fees;222 (b) Re:
Petition for Recognition of the Exemption of the Government Service Insurance System
(GSIS) from Payment of Legal Fees;223 and (c) Baguio Market Vendors Multi-Purpose
Cooperative (BAMARVEMPCO) v. Cabato-Cortes224 While these cases involved legislative
enactments exempting government owned and controlled corporations and
cooperatives from paying filing fees, thus, effectively modifying Rule 141 of the Rules of
Court (Rule on Legal Fees), it was, nonetheless, ruled that the prerogative to amend,
repeal or even establish new rules of procedure225 solely belongs to the Court,
to the exclusion of the legislative and executive branches of government. On
this score, the Court described its authority to promulgate rules on pleading, practice,
and procedure as exclusive and "[o]ne of the safeguards of [its] institutional
independence."226
That Congress has been vested with the authority to define, prescribe, and apportion
the jurisdiction of the various courts under Section 2, Article VIII supra, as well as to
create statutory courts under Section 1, Article VIII supra, does not result in an
abnegation of the Court's own power to promulgate rules of pleading, practice, and
procedure under Section 5 (5), Article VIII supra. Albeit operatively interrelated, these
powers are nonetheless institutionally separate and distinct, each to be preserved
under its own sphere of authority. When Congress creates a court and delimits its
jurisdiction, the procedure for which its jurisdiction is exercised is fixed by the
Court through the rules it promulgates. The first paragraph of Section 14, RA 6770
is not a jurisdiction-vesting provision, as the Ombudsman misconceives, 227 because it
does not define, prescribe, and apportion the subject matter jurisdiction of courts to act
on certiorari cases; the certiorari jurisdiction of courts, particularly the CA, stands
under the relevant sections of BP 129 which were not shown to have been repealed.
Instead, through this provision, Congress interfered with a provisional remedy
that was created by this Court under its duly promulgated rules of procedure,
which utility is both integral and inherent to every court's exercise of judicial
power. Without the Court's consent to the proscription, as may be manifested
by an adoption of the same as part of the rules of procedure through an
administrative circular issued therefor, there thus, stands to be a violation of
the separation of powers principle.

In addition, it should be pointed out that the breach of Congress in prohibiting

provisional injunctions, such as in the first paragraph of Section 14, RA 6770, does not
only undermine the constitutional allocation of powers; it also practically dilutes a
court's ability to carry out its functions. This is so since a particular case can
easily be mooted by supervening events if no provisional injunctive relief is
extended while the court is hearing the same. Accordingly, the court's acquired
jurisdiction, through which it exercises its judicial power, is rendered nugatory. Indeed,
the force of judicial power, especially under the present Constitution, cannot be
enervated due to a court's inability to regulate what occurs during a proceeding's
course. As earlier intimated, when jurisdiction over the subject matter is accorded by
law and has been acquired by a court, its exercise thereof should be undipped. To give
true meaning to the judicial power contemplated by the Framers of our Constitution,
the Court's duly promulgated rules of procedure should therefore remain unabridged,
this, even by statute. Truth be told, the policy against provisional injunctive writs in
whatever variant should only subsist under rules of procedure duly promulgated by the
Court given its sole prerogative over the same.
The following exchange between Associate Justice Marvic Mario Victor F. Leonen
(Justice Leonen) and the Acting Solicitor General Florin T. Hilbay (Acting Solicitor
General Hilbay) mirrors the foregoing observations:
JUSTICE LEONEN:
Okay. Now, would you know what rule covers injunction in the Rules of Court?
ACTING SOLICITOR GENERAL HILBAY:
Rule 58, Your Honor.
JUSTICE LEONEN:
58, that is under the general rubric if Justice Bersamin will correct me if I will be
mistaken under the rubric of what is called provisional remedies, our resident expert
because Justice Peralta is not here so Justice Bersamin for a while. So provisional
remedy you have injunction, x x x.
xxxx

JUSTICE LEONEN:
Okay, we can stop with that, promulgate rules concerning pleading, practice and
procedure in all courts. This is the power, the competence, the jurisdiction of what
constitutional organ?
ACTING SOLICITOR GENERAL HILBAY:
The Supreme Court, Your Honor.
JUSTICE LEONEN:
The Supreme Court. This is different from Article VIII Sections 1 and 2 which we've
already been discussed with you by my other colleagues, is that not correct?
ACTING SOLICITOR GENERAL HILBAY:
Correct, Your Honor.
JUSTICE LEONEN:
Okay, so in Section 2, [apportion] jurisdiction that is the power of Congress, is that not
correct?
ACTING SOLICITOR GENERAL HILBAY:
Correct, Your Honor.
JUSTICE LEONEN:
On the other hand, the power to promulgate rules is with the Court, is that not correct?
ACTING SOLICITOR GENERAL HILBAY:
Correct, Your Honor.
JUSTICE LEONEN:
A TRO and a writ of preliminary injunction, would it be a separate case or is it part of
litigation in an ordinary case?
ACTING SOLICITOR GENERAL HILBAY:
It is an ancillary remedy, Your Honor.

JUSTICE LEONEN:
Okay, Now, we go to the Constitution. Section 5, subparagraph 5 of Article VIII of the
Constitution, if you have a copy of the Constitution, can you please read that provision?
Section 5, Article VIII the Judiciary subparagraph 5, would you kindly read that
provision?

JUSTICE LEONEN:
In fact, it originated as an equitable remedy, is that not correct?

ACTING SOLICTOR GENERAL HILBAY.

"Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice and procedure in all courts..."

JUSTICE LEONEN:
In order to preserve the power of a court so that at the end of litigation, it will
not be rendered moot and academic, is that not correct?

ACTING SOLICITOR GENERAL HILBAY:

Correct, Your Honor.

ACTING SOLICITOR GENERAL HILBAY:

Correct, Your Honor.
JUSTICE LEONEN:
In that view, isn't Section 14, first paragraph, unconstitutional?
ACTING SOLICITOR GENERAL HILBAY:
No, Your Honor.
xxxx
JUSTICE LEONEN.
Can Congress say that a Court cannot prescribe Motions to Dismiss under Rule 16?
ACTING SOLICITOR GENERAL HILBAY:
Your Honor, Congress cannot impair the power of the Court to create remedies, x x x.
JUSTICE LEONEN.
What about bill [of] particulars, can Congress say, no Court shall have the power to
issue the supplemental pleading called the bill of t particular [s]? It cannot, because
that's part of procedure...
ACTING SOLICITOR GENERAL HILBAY:
That is true.
JUSTICE LEONEN
...or for that matter, no Court shall act on a Motion to Quash, is that not correct?
ACTING SOLICITOR GENERAL HILBAY:
Correct.
JUSTICE LEONEN:
So what's different with the writ of injunction?
ACTING SOLICITOR GENERAL HILBAY:
Writ of injunction, Your Honor, requires the existence of jurisdiction on the part of a
court that was created by Congress. In the absence of jurisdiction... (interrupted)
JUSTICE LEONEN:
No, writ of injunction does not attach to a court. In other words, when they create a
special agrarian court it has all procedures with it but it does not attach particularly to
that particular court, is that not correct?
ACTING SOLICTOR GENERAL HILBAY:
When Congress, Your Honor, creates a special court...

JUSTICE LEONEN:
Again, Counsel, what statute provides for a TRO, created the concept of a TRO? It was
a Rule. A rule of procedure and the Rules of Court, is that not correct?
ACTING SOLICITOR GENERAL HILBAY:
Yes, Your Honor.
JUSTICE LEONEN:
And a TRO and a writ of preliminary injunction does not exist unless it is [an] ancillary
to a particular injunction in a court, is that not correct?
ACTING SOLICITOR GENERAL HILBAY:
Correct, Your Honor.
xxxx228 (Emphasis supplied)
In Biraogo v. The Philippine Truth Commission of 2010,229 the Court instructed that "[i]t
is through the Constitution that the fundamental powers of government are
established, limited and defined, and by which these powers are distributed among the
several departments. The Constitution is the basic and paramount law to which all other
laws must conform and to which all persons, including the highest officials of the land,
must defer." It would then follow that laws that do not conform to the Constitution shall
be stricken down for being unconstitutional. 230
However, despite the ostensible breach of the separation of powers principle, the Court
is not oblivious to the policy considerations behind the first paragraph of Section 14, RA
6770, as well as other statutory provisions of similar import. Thus, pending deliberation
on whether or not to adopt the same, the Court, under its sole prerogative and
authority over all matters of procedure, deems it proper to declare as ineffective the
prohibition against courts other than the Supreme Court from issuing provisional
injunctive writs to enjoin investigations conducted by the Office of the Ombudsman,
until it is adopted as part of the rules of procedure through an administrative circular
duly issued therefor.
Hence, with Congress interfering with matters of procedure (through passing the first
paragraph of Section 14, RA 6770) without the Court's consent thereto, it remains that
the CA had the authority to issue the questioned injunctive writs enjoining the
implementation of the preventive suspension order against Binay, Jr. At the risk of
belaboring the point, these issuances were merely ancillary to the exercise of the CA's
certiorari jurisdiction conferred to it under Section 9 (1), Chapter I of BP 129, as
amended, and which it had already acquired over the main CA-G.R. SP No. 139453
case.

IV.
The foregoing notwithstanding, the issue of whether or not the CA gravely abused its
jurisdiction in issuing the TRO and WPI in CA-G.R. SP No. 139453 against the
preventive suspension order is a persisting objection to the validity of said injunctive
writs. For its proper analysis, the Court first provides the context of the assailed
injunctive writs.
A. Subject matter of the CA's iniunctive writs is the preventive suspension
order.
By nature, a preventive suspension order is not a penalty but only a preventive
measure. In Quimbo v. Acting Ombudsman Gervacio,231 the Court explained the
distinction, stating that its purpose is to prevent the official to be suspended
from using his position and the powers and prerogatives of his office to
influence potential witnesses or tamper with records which may be vital in the
prosecution of the case against him:
Jurisprudential law establishes a clear-cut distinction between suspension as preventive
measure and suspension as penalty. The distinction, by considering the purpose aspect
of the suspensions, is readily cognizable as they have different ends sought to be
achieved.
Preventive suspension is merely a preventive measure, a preliminary step in
an administrative investigation. The purpose of the suspension order is to
prevent the accused from using his position and the powers and prerogatives
of his office to influence potential witnesses or tamper with records which
may be vital in the prosecution of the case against him. If after such
investigation, the charge is established and the person investigated is found guilty of
acts warranting his suspension or removal, then he is suspended, removed or
dismissed. This is the penalty.
That preventive suspension is not a penalty is in fact explicitly provided by Section 24
of Rule XIV of the Omnibus Rules Implementing Book V of the Administrative Code of
1987 (Executive Order No. 292) and other Pertinent Civil Service Laws.
Section. 24. Preventive suspension is not a punishment or penalty for misconduct in
office but is considered to be a preventive measure. (Emphasis supplied)
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Not being a penalty, the period within which one is under preventive suspension is not
considered part of the actual penalty of suspension. So Section 25 of the same Rule XIV
provides:
Section 25. The period within which a public officer or employee charged is placed
under preventive suspension shall not be considered part of the actual penalty of
suspension imposed upon the employee found guilty.232 (Emphases supplied)
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The requisites for issuing a preventive suspension order are explicitly stated in Section
24, RA 6770:
Section 24. Preventive Suspension. - The Ombudsman or his Deputy may preventively
suspend any officer or employee under his authority pending an investigation, if in his
judgment the evidence of guilt is strong, and (a) the charge against such
officer or employee involves dishonesty, oppression or grave misconduct or
neglect in the performance of duty; (b) the charges would warrant removal
from the service; or (c) the respondent's continued stay in office may
prejudice the case filed against him.
The preventive suspension shall continue until the case is terminated by the Office of
the Ombudsman but not more than six (6) months, without pay, except when the delay
in the disposition of the case by the Office of the Ombudsman is due to the fault,
negligence or petition of the respondent, in which case the period of such delay shall
not be counted in computing the period of suspension herein provided. (Emphasis and
underscoring supplied)
In other words, the law sets forth two (2) conditions that must be satisfied to justify
the issuance of an order of preventive suspension pending an investigation, namely:
(1) The evidence of guilt is strong; and
(2) Either of the following circumstances co-exist with the first requirement:
(a) The charge involves dishonesty, oppression or grave misconduct or neglect in the
performance of duty;
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(b) The charge would warrant removal from the service; or

(c) The respondent's continued stay in office may prejudice the case filed against
him.233
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B. The basis of the CA's injunctive writs is the condonation doctrine.

Examining the CA's Resolutions in CA-G.R. SP No. 139453 would, however, show that
the Ombudsman's non-compliance with the requisites provided in Section 24, RA 6770
was not the basis for the issuance of the assailed injunctive writs.
The CA's March 16, 2015 Resolution which directed the issuance of the assailed TRO
was based on the case of Governor Garcia, Jr. v. CA234 (Governor Garcia, Jr.),
wherein the Court emphasized that "if it were established in the CA that the acts
subject of the administrative complaint were indeed committed during petitioner

[Garcia's] prior term, then, following settled jurisprudence, he can no longer be

administratively charged."235 Thus, the Court, contemplating the application of the
condonation doctrine, among others, cautioned, in the said case, that "it would have
been more prudent for [the appellate court] to have, at the very least, on account of
the extreme urgency of the matter and the seriousness of the issues raised in the
certiorari petition, issued a TRO x x x"236 during the pendency of the proceedings.
Similarly, the CA's April 6, 2015 Resolution which directed the issuance of the assailed
WPI was based on the condonation doctrine, citing the case of Aguinaldo v. Santos237
The CA held that Binay, Jr. has an ostensible right to the final relief prayed for, i.e., the
nullification of the preventive suspension order, finding that the Ombudsman can hardly
impose preventive suspension against Binay, Jr. given that his re-election in 2013 as
City Mayor of Makati condoned any administrative liability arising from anomalous
activities relative to the Makati Parking Building project from 2007 to 2013. 238 Moreover,
the CA observed that although there were acts which were apparently committed by
Binay, Jr. beyond his first term , i.e., the alleged payments on July 3, 4, and 24,
2013,239 corresponding to the services of Hillmarc's and MANA - still, Binay, Jr. cannot
be held administratively liable therefor based on the cases of Salalima v. Guingona,
Jr.,240 and Mayor Garcia v. Mojica,241 wherein the condonation dobtrine was applied
by the Court although the payments were made after the official's election, reasoning
that the payments were merely effected pursuant to contracts executed before said reelection.242
The Ombudsman contends that it was inappropriate for the CA to have considered the
condonation doctrine since it was a matter of defense which should have been raised
and passed upon by her office during the administrative disciplinary proceedings. 243
However, the Court agrees with the CA that it was not precluded from considering the
same given that it was material to the propriety of according provisional injunctive
relief in conformity with the ruling in Governor Garcia, Jr., which was the subsisting
jurisprudence at that time. Thus, since condonation was duly raised by Binay, Jr. in his
petition in CA-G.R. SP No. 139453,244 the CA did not err in passing upon the same. Note
that although Binay, Jr. secondarily argued that the evidence of guilt against him was
not strong in his petition in CA-G.R. SP No. 139453,245 it appears that the CA found that
the application of the condonation doctrine was already sufficient to enjoin the
implementation of the preventive suspension order. Again, there is nothing aberrant
with this since, as remarked in the same case of Governor Garcia, Jr., if it was
established that the acts subject of the administrative complaint were indeed
committed during Binay, Jr.'s prior term, then, following the condonation doctrine, he
can no longer be administratively charged. In other words, with condonation having
been invoked by Binay, Jr. as an exculpatory affirmative defense at the onset, the CA
deemed it unnecessary to determine if the evidence of guilt against him was strong, at
least for the purpose of issuing the subject injunctive writs.
With the preliminary objection resolved and the basis of the assailed writs herein laid
down, the Court now proceeds to determine if the CA gravely abused its discretion in

applying the condonation doctrine.

C. The origin of the condonation doctrine.
Generally speaking, condonation has been defined as "[a] victim's express or implied
forgiveness of an offense, [especially] by treating the offender as if there had
been no offense."246
The condonation doctrine - which connotes this same sense of complete extinguishment
of liability as will be herein elaborated upon - is not based on statutory law. It is a
jurisprudential creation that originated from the 1959 case of Pascual v. Hon.
Provincial Board ofNueva Ecija,247 (Pascual), which was therefore decided under the
1935 Constitution.
In Pascual, therein petitioner, Arturo Pascual, was elected Mayor of San Jose, Nueva
Ecija, sometime in November 1951, and was later re-elected to the same position in
1955. During his second term, or on October 6, 1956, the Acting Provincial Governor
filed administrative charges before the Provincial Board of Nueva Ecija against him
for grave abuse of authority and usurpation of judicial functions for acting on a criminal
complaint in Criminal Case No. 3556 on December 18 and 20, 1954. In defense, Arturo
Pascual argued that he cannot be made liable for the acts charged against him since
they were committed during his previous term of office, and therefore, invalid grounds
for disciplining him during his second term. The Provincial Board, as well as the Court of
First Instance of Nueva Ecija, later decided against Arturo Pascual, and when the case
reached this Court on appeal, it recognized that the controversy posed a novel issue that is, whether or not an elective official may be disciplined for a wrongful act
committed by him during his immediately preceding term of office.
As there was no legal precedent on the issue at that time, the Court, in Pascual,
resorted to American authorities and "found that cases on the matter are conflicting
due in part, probably, to differences in statutes and constitutional provisions, and also,
in part, to a divergence of views with respect to the question of whether the
subsequent election or appointment condones the prior misconduct." 248Without going
into the variables of these conflicting views and cases, it proceeded to state that:
The weight of authorities x x x seems to incline toward the rule denying the
right to remove one from office because of misconduct during a prior term, to
which we fully subscribe.249 (Emphasis and underscoring supplied)
The conclusion is at once problematic since this Court has now uncovered that there is
really no established weight of authority in the United States (US) favoring the doctrine
of condonation, which, in the words of Pascual, theorizes that an official's re-election
denies the right to remove him from office due to a misconduct during a prior term. In
fact, as pointed out during the oral arguments of this case, at least seventeen (17)

states in the US have abandoned the condonation doctrine. 250 The Ombudsman aptly
cites several rulings of various US State courts, as well as literature published on the
matter, to demonstrate the fact that the doctrine is not uniformly applied across all
state jurisdictions. Indeed, the treatment is nuanced:
(1) For one, it has been widely recognized that the propriety of removing a public
officer from his current term or office for misconduct which he allegedly committed in a
prior term of office is governed by the language of the statute or constitutional
provision applicable to the facts of a particular case (see In Re Removal of Member of
Council Coppola).251 As an example, a Texas statute, on the one hand, expressly allows
removal only for an act committed during a present term: "no officer shall be
prosecuted or removed from office for any act he may have committed prior to his
election to office" (see State ex rel. Rowlings v. Loomis).252 On the other hand, the
Supreme Court of Oklahoma allows removal from office for "acts of commission,
omission, or neglect committed, done or omitted during a previous or preceding term of
office" (see State v. Bailey)253 Meanwhile, in some states where the removal statute is
silent or unclear, the case's resolution was contingent upon the interpretation of the
phrase "in office." On one end, the Supreme Court of Ohio strictly construed a removal
statute containing the phrase "misfeasance of malfeasance in office" and thereby
declared that, in the absence of clear legislative language making, the word "office"
must be limited to the single term during which the offense charged against the public
officer occurred (see State ex rel. Stokes v. Probate Court of Cuyahoga County)254
Similarly, the Common Pleas Court of Allegheny County, Pennsylvania decided that the
phrase "in office" in its state constitution was a time limitation with regard to the
grounds of removal, so that an officer could not be removed for misbehaviour which
occurred; prior to the taking of the office (see Commonwealth v. Rudman)255 The
opposite was construed in the Supreme Court of Louisiana which took the view that an
officer's inability to hold an office resulted from the commission of certain offenses, and
at once rendered him unfit to continue in office, adding the fact that the officer had
been re-elected did not condone or purge the offense (see State ex rel. Billon v.
Bourgeois).256 Also, in the Supreme Court of New York, Apellate Division, Fourth
Department, the court construed the words "in office" to refer not to a particular term
of office but to an entire tenure; it stated that the whole purpose of the legislature in
enacting the statute in question could easily be lost sight of, and the intent of the lawmaking body be thwarted, if an unworthy official could not be removed during one term
for misconduct for a previous one (Newman v. Strobel).257
(2) For another, condonation depended on whether or not the public officer was a
successor in the same office for which he has been administratively charged. The "ownsuccessor theory," which is recognized in numerous States as an exception to
condonation doctrine, is premised on the idea that each term of a re-elected incumbent
is not taken as separate and distinct, but rather, regarded as one continuous term of
office. Thus, infractions committed in a previous term are grounds for removal because
a re-elected incumbent has no prior term to speak of258 (see Attorney-General v.
Tufts;259State v. Welsh;260Hawkins v. Common Council of Grand Rapids;261Territory v.

Sanches;262 and Tibbs v. City of Atlanta).263

(3) Furthermore, some State courts took into consideration the continuing nature of an
offense in cases where the condonation doctrine was invoked. In State ex rel. Douglas
v. Megaarden,264 the public officer charged with malversation of public funds was denied
the defense of condonation by the Supreme Court of Minnesota, observing that "the
large sums of money illegally collected during the previous years are still retained by
him." In State ex rel. Beck v. Harvey265 the Supreme Court of Kansas ruled that "there
is no necessity" of applying the condonation doctrine since "the misconduct continued
in the present term of office[;] [thus] there was a duty upon defendant to restore this
money on demand of the county commissioners." Moreover, in State ex rel.
Londerholm v. Schroeder,266 the Supreme Court of Kansas held that "insofar as
nondelivery and excessive prices are concerned, x x x there remains a continuing duty
on the part of the defendant to make restitution to the country x x x, this duty extends
into the present term, and neglect to discharge it constitutes misconduct."
Overall, the foregoing data clearly contravenes the preliminary conclusion in Pascual
that there is a "weight of authority" in the US on the condonation doctrine. In fact,
without any cogent exegesis to show that Pascual had accounted for the numerous
factors relevant to the debate on condonation, an outright adoption of the doctrine in
this jurisdiction would not have been proper.
At any rate, these US cases are only of persuasive value in the process of this Court's
decision-making. "[They] are not relied upon as precedents, but as guides of
interpretation."267 Therefore, the ultimate analysis is on whether or not the condonation
doctrine, as espoused in Pascual, and carried over in numerous cases after, can be held
up against prevailing legal norms. Note that the doctrine of stare decisis does not
preclude this Court from revisiting existing doctrine. As adjudged in the case of Belgica,
the stare decisis rule should not operate when there are powerful countervailing
considerations against its application.268 In other words, stare decisis becomes an
intractable rule only when circumstances exist to preclude reversal of standing
precedent.269 As the Ombudsman correctly points out, jurisprudence, after all, is not a
rigid, atemporal abstraction; it is an organic creature that develops and devolves along
with the society within which it thrives.270 In the words of a recent US Supreme Court
Decision, "[w]hat we can decide, we can undecide." 271
In this case, the Court agrees with the Ombudsman that since the time Pascual was
decided, the legal landscape has radically shifted. Again, Pascual was a 1959 case
decided under the 1935 Constitution, which dated provisions do not reflect the
experience of the Filipino People under the 1973 and 1987 Constitutions. Therefore, the
plain difference in setting, including, of course, the sheer impact of the condonation
doctrine on public accountability, calls for Pascual's judicious re-examination.
D. Testing the Condonation Doctrine.

Pascual's ratio decidendi may be dissected into three (3) parts:

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:
Offenses committed, or acts done, during previous term are generally held not
to furnish cause for removal and this is especially true where the constitution
provides that the penalty in proceedings for removal shall not extend beyond the
removal from office, and disqualification from holding office for the term for
which the officer was elected or appointed. (67 C.J.S. p. 248, citing Rice vs. State,
161 S.W. 2d. 401; Montgomery vs. Nowell, 40 S.W. 2d. 418; People ex rel. Bagshaw
vs. Thompson, 130 P. 2d. 237; Board of Com'rs of Kingfisher County vs. Shutter, 281 P.
222; State vs. Blake, 280 P. 388; In re Fudula, 147 A. 67; State vs. Ward, 43 S.W. 2d.
217).
The underlying theory is that each term is separate from other terms x x x.272
Second, an elective official's re-election serves as a condonation of previous
misconduct, thereby cutting the right to remove him therefor; and
[T]hat the reelection to office operates as a condonation of the officer's previous
misconduct to the extent of cutting off the right to remove him therefor. (43 Am. Jur. p.
45, citing Atty. Gen. vs. Hasty, 184 Ala. 121, 63 So. 559, 50 L.R.A. (NS) 553.273
(emphasis supplied)
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:
As held in Conant vs. Grogan (1887) 6 N.Y.S.R. 322, cited in 17 A.I.R. 281, 63 So. 559,
50 LRA (NS) 553
The Court should never remove a public officer for acts done prior to his present term
of office. To do otherwise would be to deprive the people of their right to elect their
officers. When the people have elected a man to office, it must be assumed that
they did this with knowledge of his life and character, and that they
disregarded or forgave his faults or misconduct, if he had been guilty of any. It
is not for the court, by reason of such faults or misconduct to practically overrule the
will of the people.274 (Emphases supplied)
The notable cases on condonation following Pascual are as follows:
(1) Lizares v. Hechanova275 (May 17, 1966) - wherein the Court first applied the
condonation doctrine, thereby quoting the above-stated passages from Pascual in
verbatim.

(2) Insco v. Sanchez, et al.276 (December 18, 1967) - wherein the Court clarified that
the condonation doctrine does not apply to a criminal case. It was explained that a
criminal case is different from an administrative case in that the former involves the
People of the Philippines as a community, and is a public wrong to the State at large;
whereas, in the latter, only the populace of the constituency he serves is affected. In
addition, the Court noted that it is only the President who may pardon a criminal
offense.
(3) Aguinaldo v. Santos277 (Aguinaldo; August 21, 1992) - a case decided under the
1987 Constitution wherein the condonation doctrine was applied in favor of then
Cagayan Governor Rodolfo E. Aguinaldo although his re-election merely supervened
the pendency of, the proceedings.
(4) Salalima v. Guinsona, Jr.278 (Salalima; May 22, 1996) -wherein the Court
reinforced the condonation doctrine by stating that the same is justified by
"sound public policy." According to the Court, condonation prevented the elective
official from being "hounded" by administrative cases filed by his "political enemies"
during a new term, for which he has to defend himself "to the detriment of public
service." Also, the Court mentioned that the administrative liability condoned by reelection covered the execution of the contract and the incidents related therewith. 279
(5) Mayor Garcia v. Mojica280 (Mayor Garcia; September 10, 1999) - wherein the
benefit of the doctrine was extended to then Cebu City Mayor Alvin B. Garcia who was
administratively charged for his involvement in an anomalous contract for the supply of
asphalt for Cebu City, executed only four (4) days before the upcoming elections. The
Court ruled that notwithstanding the timing of the contract's execution, the electorate is
presumed to have known the petitioner's background and character, including his past
misconduct; hence, his subsequent re-election was deemed a condonation of his prior
transgressions. More importantly, the Court held that the determinative time element in
applying the condonation doctrine should be the time when the contract was perfected;
this meant that as long as the contract was entered into during a prior term,
acts which were done to implement the same, even if done during a
succeeding term, do not negate the application of the condonation doctrine in
favor of the elective official.
(6) Salumbides, Jr. v. Office of the Ombudsman281 (Salumbides, Jr.; April 23,
2010) - wherein the Court explained the doctrinal innovations in the Salalima and
Mayor Garcia rulings, to wit:
Salalima v. Guingona, Jr. and Mayor Garcia v. Hon. Mojica reinforced the doctrine. The
condonation rule was applied even if the administrative complaint was not
filed before the reelection of the public official, and even if the alleged
misconduct occurred four days before the elections, respectively. Salalima did
not distinguish as to the date of filing of the administrative complaint, as long as the

alleged misconduct was committed during the prior term, the precise timing or period
of which Garcia did not further distinguish, as long as the wrongdoing that gave rise to
the public official's culpability was committed prior to the date of reelection. 282
(Emphasis supplied)
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The Court, citing Civil Service Commission v. Sojor,283 also clarified that the
condonation doctrine would not apply to appointive officials since, as to them,
there is no sovereign will to disenfranchise.
(7) And finally, the above discussed case of Governor Garcia, Jr. -wherein the Court
remarked that it would have been prudent for the appellate court therein to have issued
a temporary restraining order against the implementation of a preventive suspension
order issued by the Ombudsman in view of the condonation doctrine.
A thorough review of the cases post-1987, among others, Aguinaldo, Salalima, Mayor
Garcia, and Governor Garcia, Jr. - all cited by the CA to justify its March 16, 2015 and
April 6, 2015 Resolutions directing the issuance of the assailed injunctive writs - would
show that the basis for condonation under the prevailing constitutional and statutory
framework was never accounted for. What remains apparent from the text of these
cases is that the basis for condonation, as jurisprudential doctrine, was - and still
remains - the above-cited postulates of Pascual, which was lifted from rulings of US
courts where condonation was amply supported by their own state laws. With respect
to its applicability to administrative cases, the core premise of condonation - that is, an
elective official's re-election cuts qff the right to remove him for an administrative
offense committed during a prior term - was adopted hook, line, and sinker in our
jurisprudence largely because the legality of that doctrine was never tested against
existing legal norms. As in the US, the propriety of condonation is - as it should be
-dependent on the legal foundation of the adjudicating jurisdiction. Hence, the Court
undertakes an examination of our current laws in order to determine if there is legal
basis for the continued application of the doctrine of condonation.
The foundation of our entire legal system is the Constitution. It is the supreme law of
the land;284 thus, the unbending rule is that every statute should be read in light of the
Constitution.285 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. 286
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 to render personal
military or civil service."287 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."288 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, loyalty, and efficiency and act with patriotism and justice, and lead
modest lives.
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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.289 (Emphasis
supplied)
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The same mandate is found in the Revised Administrative Code under the section of the
Civil Service Commission,290 and also, in the Code of Conduct and Ethical Standards for
Public Officials and Employees.291
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. 7160,292 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 r 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 prision 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 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.
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a.

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 on
the official's candidacy. Nothing therein states that the administrative liability
therefor is extinguished by the fact of re-election:

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Section 66. Form and Notice of Decision. - x x x.

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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;
x x x x (Emphasis supplied)

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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. -

(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 bv the President in light of
Section 19, Article VII of the 1987 Constitution which was interpreted in Llamas v.
Orbos293 to apply to administrative offenses:
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 re-elected 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 re-elected 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 doctrine 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,294 or
that the disqualification to hold the office does not extend beyond the term in
which the official's delinquency occurred.295 In one case,296 the absence of a
provision against the re-election of an officer removed - unlike Section 40 (b) of the
LGC-was the justification behind condonation. In another case, 297 it was deemed that
condonation through re-election 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; 298 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.299 Hence, owing to either 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 re-election This treatment is similar to People
ex rel Bagshaw v. Thompson300 and Montgomery v. Novell301 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. 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 re-electing 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.302 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 they cast their
votes.303 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 Trenton304 decided by
the New Jersey Supreme Court:
Many of the cases holding that re-election 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.
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.305 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.306
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. 307
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,308 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.
Later, in Spouses Benzonan v. CA,309 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.310
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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.
E. Consequence of ruling.
As for this section of the Decision, the issue to be resolved is whether or not the CA
committed grave abuse of discretion amounting to lack or excess of
jurisdiction in issuing the assailed injunctive writs.

It is well-settled that an act of a court or tribunal can only be considered as with grave
abuse of discretion when such act is done in a capricious or whimsical exercise
of judgment as is equivalent to lack of jurisdiction. The abuse of discretion must
be so patent and gross as to amount to an evasion of a positive duty or to a virtual
refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as
where the power is exercised in an arbitrary and despotic manner by reason of passion
and hostility.311 It has also been held that "grave abuse of discretion arises when a
lower court or tribunal patently violates the Constitution, the law or existing
jurisprudence."312
As earlier established, records disclose that the CA's resolutions directing the issuance
of the assailed injunctive writs were all hinged on cases enunciating the condonation
doctrine. To recount, the March 16, 2015 Resolution directing the issuance of the
subject TRO was based on the case of Governor Garcia, Jr., while the April 6, 2015
Resolution directing the issuance of the subject WPI was based on the cases of
Aguinaldo, Salalima, Mayor Garcia, and again, Governor Garcia, Jr. Thus, by merely
following settled precedents on the condonation doctrine, which at that time,
unwittingly remained "good law," it cannot be concluded that the CA committed a grave
abuse of discretion based on its legal attribution above. Accordingly, the WPI against
the Ombudsman's preventive suspension order was correctly issued.
With this, the ensuing course of action should have been for the CA to resolve the main
petition for certiorari in CA-G.R. SP No. 139453 on the merits. However, considering
that the Ombudsman, on October 9, 2015, had already found Binay, Jr. administratively
liable and imposed upon him the penalty of dismissal, which carries the accessory
penalty of perpetual disqualification from holding public office, for the present
administrative charges against him, the said CA petition appears to have been
mooted.313 As initially intimated, the preventive suspension order is only an ancillary
issuance that, at its core, serves the purpose of assisting the Office of the Ombudsman
in its investigation. It therefore has no more purpose - and perforce, dissolves - upon
the termination of the office's process of investigation in the instant administrative
case.
F. Exceptions to the mootness principle.
This notwithstanding, this Court deems it apt to clarify that the mootness of the issue
regarding the validity of the preventive suspension order subject of this case does not
preclude any of its foregoing determinations, particularly, its abandonment of the
condonation doctrine. As explained in Belgica, '"the moot and academic principle' is not
a magical formula that can automatically dissuade the Court in resolving a case. The
Court will decide cases, otherwise moot, if: first, there is a grave violation of the
Constitution; second, the exceptional character of the situation and the paramount
public interest is involved; third, when the constitutional issue raised requires
formulation of controlling principles to guide the bench, the bar, and the public; and
fourth, the case is capable of repetition yet evading review." 314 All of these scenarios

obtain in this case:

SP No. 139504 is improper and illegal.

First, it would be a violation of the Court's own duty to uphold and defend the
Constitution if it were not to abandon the condonation doctrine now that its infirmities
have become apparent. As extensively discussed, the continued application of the
condonation doctrine is simply impermissible under the auspices of the present
Constitution which explicitly mandates that public office is a public trust and that public
officials shall be accountable to the people at all times.

The sole premise of the Ombudsman's contention is that, as an impeachable officer, she
cannot be the subject of a charge for indirect contempt 317 because this action is criminal
in nature and the penalty therefor would result in her effective removal from office. 318
However, a reading of the aforesaid March 20, 2015 Resolution does not show that she
has already been subjected to contempt proceedings. This issuance, in? fact, makes it
clear that notwithstanding the directive for the Ombudsman to comment, the CA has
not necessarily given due course to Binay, Jr.'s contempt petition:

Second, the condonation doctrine is a peculiar jurisprudential creation that has

persisted as a defense of elective officials to escape administrative liability. It is the first
time that the legal intricacies of this doctrine have been brought to light; thus, this is a
situation of exceptional character which this Court must ultimately resolve. Further,
since the doctrine has served as a perennial obstacle against exacting public
accountability from the multitude of elective local officials throughout the years, it is
indubitable that paramount public interest is involved.
Third, the issue on the validity of the condonation doctrine clearly requires the
formulation of controlling principles to guide the bench, the bar, and the public. The
issue does not only involve an in-depth exegesis of administrative law principles, but
also puts to the forefront of legal discourse the potency of the accountability provisions
of the 1987 Constitution. The Court owes it to the bench, the bar, and the public to
explain how this controversial doctrine came about, and now, its reasons for
abandoning the same in view of its relevance on the parameters of public office.
And fourth, the defense of condonation has been consistently invoked by elective local
officials against the administrative charges filed against them. To provide a sample size,
the Ombudsman has informed the Court that "for the period of July 2013 to December
2014 alone, 85 cases from the Luzon Office and 24 cases from the Central Office were
dismissed on the ground of condonation. Thus, in just one and a half years, over a
hundred cases of alleged misconduct - involving infractions such as dishonesty,
oppression, gross neglect of duty and grave misconduct - were placed beyond the reach
of the Ombudsman's investigatory and prosecutorial powers." 315 Evidently, this fortifies
the finding that the case is capable of repetition and must therefore, not evade review.
In any event, the abandonment of a doctrine is wholly within the prerogative of the
Court. As mentioned, it is its own jurisprudential creation and may therefore, pursuant
to its mandate to uphold and defend the Constitution, revoke it notwithstanding
supervening events that render the subject of discussion moot.
chanroble slaw

V.
With all matters pertaining to CA-G.R. SP No. 139453 passed upon, the Court now rules
on the final issue on whether or not the CA's Resolution 316 dated March 20, 2015
directing the Ombudsman to comment on Binay, Jr.'s petition for contempt in CA-G.R.

Without necessarily giving due course to the Petition for Contempt respondents
[Hon. Conchita Carpio Morales, in her capacity as the Ombudsman, and the Department
of Interior and Local Government] are hereby DIRECTED to file Comment on the
Petition/Amended and Supplemental Petition for Contempt (CA-G.R. SP No. 139504)
within an inextendible period of three (3) days from receipt hereof. (Emphasis and
underscoring supplied)
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Thus, even if the Ombudsman accedes to the CA's directive by filing a comment,
wherein she may properly raise her objections to the contempt proceedings by virtue of
her being an impeachable officer, the CA, in the exercise of its sound judicial discretion,
may still opt not to give due course to Binay, Jr.'s contempt petition and accordingly,
dismiss the same. Sjmply put, absent any indication that the contempt petition has
been given due course by the CA, it would then be premature for this Court to rule on
the issue. The submission of the Ombudsman on this score is perforce denied.
WHEREFORE, the petition is PARTLY GRANTED. Under the premises of this Decision,
the Court resolves as follows:
(a) the second paragraph of Section 14 of Republic Act No. 6770 is declared
UNCONSTITUTIONAL, while the policy against the issuance of provisional injunctive
writs by courts other than the Supreme Court to enjoin an investigation conducted by
the Office of the Ombudsman under the first paragraph of the said provision is
DECLARED ineffective until the Court adopts the same as part of the rules of
procedure through an administrative circular duly issued therefor;
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(b) The condonation doctrine is ABANDONED, but the abandonment is PROSPECTIVE

in effect;
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(c) The Court of Appeals (CA) is DIRECTED to act on respondent Jejomar Erwin S.
Binay, Jr.'s (Binay, Jr.) petition for certiorari in CA-G.R. SP No. 139453 in light of the
Office of the Ombudsman's supervening issuance of its Joint Decision dated October 9,
2015 finding Binay, Jr. administratively liable in the six (6) administrative complamts,

docketed as OMB-C-A-15-0058, OMB-C-A-15-0059, OMB-C-A-15-0060, OMB-C-A-150061, OMB-C-A-15-0062, and OMB-C-A-15-0063; and

CA is DIRECTED to resolve Binay, Jr.'s petition for contempt in CA-G.R. SP No. 139504
with utmost dispatch.

(d) After the filing of petitioner Ombudsman Conchita Carpio Morales's comment, the

SO ORDERED.

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