THIRD DIVISION
G.R. No. 229811, April 28, 2021
OFFICE OF THE OMBUDSMAN, REPRESENTED BY THE HONORABLE CONCHITA CARPIO MORALES, IN HER CAPACITY AS THE OMBUDSMAN; OMB-TASK FORCE PDAF; AND OMB-PUBLIC ASSISTANCE AND CORRUPTON PREVENTION OFFICE, Petitioners, v. OSCAR GONZALES MALAPITAN, Respondent.
D E C I S I O N
LEONEN, J.:
The condonation doctrine was abandoned on April 12, 2016, when Carpio Morales v. Court of Appeals1 attained finality. Nonetheless, despite its abandonment, the
condonation doctrine can still apply to pending administrative cases2 provided that the reelection is also before the abandonment. As for
cases filed after April 12, 2016, the impleaded public official can no
longer resort to the condonation doctrine.3
This Court resolves a Petition for Review4 assailing the Decision5 and Resolution6 of the Court of Appeals, which nullified the Office of the Ombudsman
Orders granting the amendment to implead Oscar Gonzales Malapitan
(Malapitan), an elected public official, in an administrative complaint.
Malapitan was the Caloocan City First District Representative from 2004
to 2007. He was reelected from 2007 to 2010 and again from 2010 to 2013. In 2013, he became the Caloocan City mayor, and was reelected in 2016.7 He is the incumbent mayor, having been reelected in 2019.8
On February 16, 2015, the Office of the Ombudsman's Public Assistance
and Corruption Prevention Office filed a criminal complaint for
violation of Republic Act No. 3019, or the Anti-Graft and Corrupt
Practices Act, against the following public officials:chanroblesvirtualawlibrary
The criminal complaint arose from the allegedly anomalous use of Malapitan's Priority Development Assistance Fund (PDAF) worth P8,000,000.00. Malapitan, then a district representative, and the other charged officials had approved the PDAF to fund the programs of Kalookan Assistance Council, Inc. in 2009.10
(1) Esperanza I. Cabral, as the Department of Social Welfare and Development Secretary in 2009; (2) Mateo G. MontaƱo, as the current DSWD Undersecretary for General Administration and Support Services Group (GASSG); (3) Luwalhati F. Pablo, as the former Undersecretary for GASSG; (4) Vilma B. Cabrera, as the present DSWD Assistant Secretary for Institutional Development Group; (5) Pacita D. Sarino, as the current DSWD Director III of the Program Management Bureau; (6) Leonila M. Hayahay, as the former DSWD Chief Accountant; and (7) Oscar G. Malapitan, as the former Congressman of the 1st District of Caloocan City in 2009 and the current Mayor of Caloocan City.9 (Emphasis in the original)
Also relevant to stress is that the same act subject of the administrative complaint was contracted by Malapitan as the representative of the 1st District of Caloocan City at the House of Representative[s]. However, when he was elected as the Mayor of the City of Caloocan in the 2013 elections, whatever wrongful act or misconduct, if any, committed by him during his previous term as Congressman that might give rise to an administrative liability, was impliedly remitted and disregarded by the electoral process following the condonation doctrine set forth in our jurisprudence. For this reason alone, We find no justification to sustain the continuation of the administrative proceedings against Malapitan as he could no longer be held administratively liable for the act upon which he was administratively charged. The administrative case serves no other purpose than to expose him unnecessarily to the rigors of a full-blown investigation and hearing when, in the end, he would not be held accountable for a misconduct he committed during his prior term of public office. Indeed, it is an exercise in futility to still implead him in the administrative complaint.24The Court of Appeals also chided the Office of the Ombudsman for its "flimsy excuse" of inadvertently failing to implead Malapitan in the administrative complaint.25 It declared that the belated amendment to implead Malapitan was clearly brought about by the Carpio Morales ruling, with the Office of the Ombudsman mistakenly believing that there was no longer any legal hindrance to include Malapitan.26
FOR THESE REASONS, We GRANT the instant Petition for Certiorari and Prohibition. The Orders dated 22 February 2016 and 18 March 2016 of the Task Force PDAF of the Office of the Ombudsman are NULLIFIED and the latter is enjoined from proceeding with the administrative case docketed as OMB-C-A-15-0042 as against Oscar G. Malapitan.chanroblesvirtualawlibraryIn its January 31, 2017 Resolution,28 the Court of Appeals dismissed the Office of the Ombudsman's Motion for Reconsideration.
SO ORDERED.27 (Emphasis in the original)
The abandonment of the doctrine of condonation took effect on April 12, 2016, when the Supreme Court denied with finality the OMB's Motion for Reconsideration in Morales v. Court of Appeals.63 (Citation omitted)Here, the amended administrative complaint was admitted on February 22, 2016; hence, the condonation doctrine was not yet abandoned. The alleged acts imputed to respondent were supposedly committed in 2009. He was reelected as member of the House of Representatives in 2010.64 This immediately succeeding victory is what the condonation doctrine looks at. That respondent was later reelected in 2013, 2016, and 2019 would be irrelevant.
Yet, in Crebello v. Ombudsman, it was underscored that the prospective application of Carpio-Morales should be reckoned from April 12, 2016 because that was the date on which this Court had acted upon and denied with finality the motion for clarification/motion for partial reconsideration thereon.Nonetheless, that is not the case here. Although the administrative complaint was filed against respondent after the 2010 elections, it would not change the fact that the alleged act was committed in 2009, and the electorate reelected him in 2010, the immediately succeeding election. In Salumbides, Jr. v. Office of the Ombudsman:67chanrobleslawlibrary
Verily, we hold that petitioner can no longer avail of the condonation doctrine because although the complaint below was instituted on January 9, 2015, he got reelected only on May 9, 2016, well within the prospective application of Carpio-Morales.66 (Citation omitted)
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.68 (Emphasis in the original, citations omitted)This Court also takes the opportunity to clarify the effect of Carpio Morales. In Crebello, we upheld the Office of the Ombudsman's argument that since the abandonment became effective only on April 12, 2016, "it would no longer apply the defense of condonation starting on April 12, 2016 except for open and pending administrative cases."69 Thus, after Carpio Morales became final, the condonation doctrine's applicability now depends on the date of the filing of the complaint, not the date of the commission of the offense.70 Had the case been filed against respondent on April 13, 2016, for instance, he could no longer rely on the condonation doctrine.
For this reason alone, We find no justification to sustain the continuation of the administrative proceedings against Malapitan as he could no longer be held administratively liable for the act upon which he was administratively charged. The administrative case serves no other purpose than to expose him unnecessarily to the rigors of a full-blown investigation and hearing when, in the end, he would not be held accountable for a misconduct he committed during his prior term of public office. Indeed, it is an exercise in futility to still implead him in the administrative complaint.71As to respondent's argument that there was a substantial period before the administrative complaint was filed against him, this Court has ruled that:chanroblesvirtualawlibrary
. . . well-entrenched is the rule that administrative offenses do not prescribe. Administrative offenses by their very nature pertain to the character of public officers and employees. In disciplining public officers and employees, the object sought is not the punishment of the officer or employee but the improvement of the public service and the preservation of the public's faith and confidence in our government.72 (Citations omitted)At the time the Petition for Certiorari and Prohibition was filed before the Court of Appeals,73 the condonation doctrine has been abandoned. Nevertheless, since respondent can invoke the condonation doctrine, the Court of Appeals did not encroach on the Office of the Ombudsman's powers when it enjoined the Office of the Ombudsman from proceeding with the administrative complaint against respondent.
[I]f 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.75For administrative cases filed after April 12, 2016, the date when the condonation doctrine was abandoned, the rule is that courts should refrain from interfering with investigations conducted by the Office of the Ombudsman, being an independent body authorized by no less than our Constitution76 and Republic Act No. 677077 to handle complaints against public officials and civil servants.78Carpio Morales espoused:chanroblesvirtualawlibrary
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.79For clarity, respondent is absolved only of administrative liability based on the condonation doctrine. This Court makes no pronouncement on the criminal complaint against him.
Endnotes:
1 772 Phil. 672 (2015) [Per J. Perlas-Bernabe, En Banc].
2Crebello v. Office of the Ombudsman, G.R. No. 232325, April 10, 2019, [Per C.J. Bersamin, First Division].
3Herrera v. Mago, G.R. No. 231120, January 15, 2020, [Per J. Lazaro-Javier, First Division].
4Rollo, pp. 23-64.
5 Id. at 66-77. The August 31, 2016 Decision in CA-G.R. SP No. 145807 was penned by Associate Justice Zenaida T. Galapate-Laguilles and concurred in by Associate Justices Mariflor P. Punzalan Castillo and Victoria Isabel A. Paredes of the Special Tenth Division of the Court of Appeals, Manila.
6 Id. at 7-10. The January 31, 2017 Resolution in CA-G.R. SP No. 145807 was penned by Associate Justice Zenaida T. Galapate-Laguilles and concurred in by Associate Justices Mariflor P. Punzalan Castillo and Victoria Isabel A. Paredes of the Former Special Tenth Division, Court of Appeals, Manila.
7 Id. at 296.
8See Mayor's Corner, (last accessed on September 29, 2020). See also Nikka G. Valenzuela, Malapitan, 2 sons emerge victorious in Caloocan City, INQUIRER.NET, May 17, 2019, (last accessed on September 29, 2020).
9Rollo, p. 67.
10 Id. at 68.
11 Id.
12 Id. at 103-105.
13 Id. at 68.
14 Id. at 90-96.
15 Id. at 164-186.
16 Id. at 97-102.
17 Id. at 293-328.
18 Id. at 66-77.
19 Id. at 72-73.
20 772 Phil. 672 (2015) [Per J. Perlas-Bernabe, En Banc].
21Rollo, pp. 73-74.
22 Id. at 74.
23 Id. at 74-75.
24 Id. at 75.
25 Id. at 76.
26 Id.
27 Id. at 77.
28 Id. at 7-10.
29 Id. at 23-64.
30 Id. at 39-46.
31 Id. at 47-48.
32 Id. at 50-51.
33 Id. at 53-54.
34 Id. at 55.
35 Id. at 425-463.
36 Id. at 436-437. Respondent cited Angeles v. Gutierrez, 685 Phil. 183 (2012) [Per J. Sereno, Second Division]; and Vergara v. The Honorable Ombudsman, 600 Phil. 26 (2009) [Per J. Carpio, En Banc].
37 Id. at 436-437.
38 Id. at 438.
39 Id. at 443.
40 Id. at 439.
41 Id. at 440-442.
42 Id. at 441.
43 Id.
44 Id. at 444.
45 Id. at 448-449.
46 Id. at 451-452.
47 Id. at 452-453.
48 Id. at 454-455.
49 Id. at 709-732.
50 Id. at 712-713.
51 Id. at 716. He filed the following: (1) Omnibus Motion for Reconsideration and Suspension of Period to File Counter-Affidavit Pending Resolution of the Motion for Reconsideration with Alternative Prayer for Additional Time to File Counter-Affidavit Ad Cautelam dated 14 March 2016; (2) Counter-Affidavit [Re: Amended Complaint dated 16 January 2016] dated 08 April 2016; (3) Motion for Extension of Time to File Position Paper dated 02 May 2016; (4) Omnibus Verified Motion [1. To Declare that Complainant PACPO Waived its Right to File a Verified Position Paper; 2. For Time to File a Rejoinder-Affidavit and/or a Supplemental Position Paper; and 3. To Hold in Abeyance the Resolution of the Case Pending the Submission of the Rejoinder-Affidavit and/or Supplemental Position Paper] dated 19 May 2016; (5) Verified Position Paper Ad Cautelam dated 12 May 2016; (6) Verified Motion for Extension of Time to File Rejoinder-Affidavit and/or a Supplemental Position Paper dated 03 June 2016; and (7) Verified Supplemental Position Paper Ad Cautelam dated 20 June 2016.
52 Id.
53 Id. at 718.
54 Id. at 719.
55 Id.
56 Id. at 720.
57 Id. at 723.
58 Id. at 725.
59 Id. at 728.
60 Id. at 727-728.
61 772 Phil. 672 (2015) [Per J. Perlas-Bernabe, En Banc].
62 G.R. No. 232325, April 10, 2019, https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/65037 [Per C.J. Bersamin, First Division].
63 Id.
64 Representing the First District of Caloocan City.
65 G.R. No. 231120, January 15, 2020, https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/66094 [Per J. Lazaro-Javier, First Division].
66 Id.
67 633 Phil. 325 (2010) [Per J. Carpio Morales, En Banc].
68 Id. at 335.
69Crebello v. Office of the Ombudsman, G.R. No. 232325, April 10, 2019, [Per C.J. Bersamin, First Division].
70 Id.
71Rollo, p. 75.
72Office of the Ombudsman v. De Sahagun, 584 Phil. 119, 126 (2008) [Per J. Austria-Martinez, Third Division].
73 The Petition for Certiorari and Prohibition was filed before the Court of Appeals on May 30, 2016. See rollo, p. 431.
74 372 Phil. 892 (1999) [Per J. Quisumbing, Second Division].
75Carpio Morales v. Court of Appeals, 772 Phil. 672, 754 (2015) [Per J. Perlas-Bernabe, En Banc] citing Garcia v. Mojica, 372 Phil. 892 (1999) [Per J. Quisumbing, Second Division].
76 CONST., art. XI, sec. 12 provides:
SECTION 12. The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against public officials or employees of the Government, or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, and shall, in appropriate cases, notify the complainants of the action taken and the result thereof.
77 An Act Providing for the Functional and Structural Organization of the Office of the Ombudsman, and for Other Purposes (1989).
78Dichaves v. Office of the Ombudsman, 802 Phil. 564 (2016) [Per J. Leonen, Second Division].
79Carpio Morales v. Court of Appeals, 772 Phil. 672, 749 (2015) [Per J. Perlas-Bernabe, En Banc]. cralawredlibrary