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Friday, March 29, 2024

Palace to study Binay Jr. decision

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MalacaÑang said it will conduct a “thorough study” of the decision of the Supreme Court upholding an earlier ruling of the Court of Appeals stopping the first suspension order issued against dismissed Makati City Mayor Jejomar Erwin Binay Jr.

“We need to study first the decision because there are several important issues here. We should not solely rely on what was reported in the news,” Communications Secretary Herminio Coloma Jr. said.

“Just like in all the decisions made by the Supreme Court, this must undergo a thorough study. The Supreme Court made a decision on this, so we must first understand what was the basis for their decision and what are the legal implications on similar issues,” Coloma added.

The high court upheld the CA’s use of the condonation doctrine, a common defense invoked by elected officials in evading liabilities for acts committed in their previous terms in office, but only for the specific incident.

It struck down the condonation doctrine, which the magistrates said was “vague,” for use in future cases.

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“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. It is high time for this Court to abandon the condonation doctrine,” the Court said.

The tribunal also ruled that Binay’s plea before the appeals court has already been rendered moot since the Ombudsman already ordered his removal and perpetual disqualification from public office in October.

“Considering that the Ombudsman, on October 9, 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 CA petition ought to be dismissed on the ground of mootness,” it said.

 

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