MORALES HITS BINAY BAN REVERSAL, INSISTS AGUINALDO DOCTRINE NOT APPLICABLE TO CASE

Ombudsman Conchita Carpio Morales has criticized the Court of Appeals (CA) for setting aside her office’s dismissal of former Makati City Mayor Jejomar Erwin “Junjun” Binay Jr. in connection with the Makati City Hall Building II case.

Morales told reporters on Tuesday evening that the condonation doctrine should not have been applied to Binay’s case because his supposedly anomalous actions continued beyond his reelection in 2013.

Under the “Aguinaldo doctrine,” an official could not be held administratively liable for actions committed during a previous term because these were deemed to have been forgiven by voters by way of reelection.

Applicable prospectively

Although abandoned by the Supreme Court in a landmark decision on Nov. 10, 2015, the condonation doctrine could still be invoked by officials who were charged administratively before high court handed down its ruling.

Although Binay signed two disbursement vouchers releasing the payments for Hilmarc’s Construction Corp. after his reelection in 2013, the appellate court’s 10th Division reasoned out that the project began during his previous term.

Morales, however, took exception to the court’s pro- nouncement during a chance interview at the sidelines of the Joint Forum on Justice and Integrity by the Office of the Ombudsman and International De- velopment Law Organization.

“Our position remains that these actions after his reelection form part of the crime and therefore, it should be faulted administratively,” she said.

Morales added: “It does not apply as far as we are concerned, because his acts that were questioned by us consist- ed of acts before his reelection and after his reelection.”

The CA’s ruling paves the way for Binay’s return to politics after he was forced to step down in 2015 when the Office of the Ombudsman permanently barred him for holding any government post.

Welcome development

In a statement the other day, he welcomed the development and hinted at a lawsuit against Morales, saying it was something that “should be discussed with the family and lawyers.”

Binay also said that he had no political plans for now, adding he was enjoying private life and spending time with his family.

—INQUIRER FILE PHOTOS SHE SAID, HE SAID Ombudsman Conchita Carpio Morales says the Aguinaldo doctrine doesn’t apply to Junjun Binay who believes he’s just the victim of a “political witch-hunt.”