Case Digest (G.R. No. 217126-27)
Facts:
On July 22, 2014, Atty. Renato L. Bondal and Nicolas “Ching” Enciso VI filed a complaint with the Office of the Ombudsman against Jejomar Erwin S. Binay, Jr., then Mayor of Makati, and other City Government of Makati officials, charging them with plunder and graft in connection with the five-phase procurement and construction of the Makati City Hall Parking Building. A Special Panel of Investigators conducted a fact-finding investigation and, on March 5, 2015, filed an administrative and criminal complaint (OMB Complaint) before the Ombudsman charging Binay, Jr. and others with grave misconduct, serious dishonesty, conduct prejudicial to the best interest of the service, violations of RA 3019, malversation, and falsification of public documents. On March 10, 2015, the Ombudsman issued a preventive suspension order under Section 24 of RA 6770, suspending Binay, Jr. and several co-respondents for up to six months without pay pending investigation. This order was served on March 11Case Digest (G.R. No. 217126-27)
Facts:
- Administrative investigation and charges
- On July 22, 2014, Atty. Renato L. Bondal and Nicolas “Ching” Enciso VI filed a complaint before the Office of the Ombudsman against Jejomar Erwin S. Binay, Jr. and other Makati officials for alleged plunder and graft in connection with the procurement and construction of the Makati City Hall Parking Building (Phases III–V).
- Pursuant to Office Order Nos. 546 and 546-A, the Ombudsman constituted a Special Panel (September 2014) which on March 5–10, 2015 filed administrative (OMB-C-A-15-0058 to 0063) and criminal cases (OMB-C-C-15-0059 to 0064) charging Grave Misconduct, Serious Dishonesty, Conduct Prejudicial to the Best Interest of the Service, violation of RA 3019, malversation, and falsification.
- On March 10, 2015, the Ombudsman issued a preventive suspension order under Section 24, RA 6770, placing Binay, Jr. and six other officials under suspension for six months without pay pending investigation.
- Proceedings before the Court of Appeals (CA)
- On March 11, 2015, the DILG implemented the preventive suspension; Makati Vice Mayor Romulo V. Peña, Jr. became Acting Mayor.
- On March 12, 2015, Binay, Jr. filed a petition for certiorari (CA-G.R. SP 139453) seeking a TRO/WPI to enjoin the suspension; the CA granted a TRO on March 16, 2015, and issued a WPI on April 6, 2015.
- On March 19, 2015, Binay, Jr. filed a petition for contempt (CA-G.R. SP 139504); the CA consolidated the cases and directed the Ombudsman to comment.
- Proceedings before the Supreme Court (SC)
- On March 25, 2015, Ombudsman Conchita Carpio Morales filed a petition for certiorari and prohibition in the SC, assailing the CA’s TRO/WPI resolutions and the contempt-comment directive.
- Parties filed comments and memoranda (May–July 2015); the SC conducted oral arguments (April 2015) and deemed the case submitted for resolution.
Issues:
- Remedy – Was direct recourse to the SC proper despite no motion for reconsideration in the CA?
- Jurisdiction – Did the CA have subject-matter jurisdiction over the certiorari petition (CA-G.R. SP 139453) and authority to grant TRO/WPI against an Ombudsman suspension order?
- Grave abuse – Did the CA commit grave abuse of discretion in issuing TRO/WPI enjoining the preventive suspension based on the condonation doctrine?
- Condonation doctrine – Is the doctrine of condonation (that re-election absolves prior administrative misconduct) valid under the 1987 Constitution and applicable to preventive suspension?
- Contempt directive – Was the CA’s order directing the Ombudsman to comment on the contempt petition (CA-G.R. SP 139504) improper or illegal?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)