G.R. No. 218463 - Giron vs. Ochoa Jr.

Petitioner Henry R. Giron initiated this petition for review on certiorari under Rule 45 of the Rules of Court.
The petition seeks review of the May 13, 2015 Decision of the Office of the President (OP) in OP-DC Case No. 15-A-007, which dismissed his appeal from the March 13, 2014 Resolution of the Quezon City Council.
The Resolution had dismissed an administrative complaint against respondent Arnaldo A. Cando, then Barangay Chairman of Capri, Novaliches, Quezon City.

On November 6, 2012, Giron, along with co-complainants, filed a complaint before the Ombudsman for Dishonesty, Grave Abuse of Authority, and violation of Section 389 (b) of Republic Act No. 7160 against Cando for alleged illegal electricity usage in three computer shops.
The case was referred on November 8, 2012, to the Office of the Vice Mayor of Quezon City and was scheduled for a City Council session on January 14, 2013.
The matter was subsequently endorsed to the Special Investigation Committee on Administrative Cases Against Elective Barangay Officials for a hearing.
At the hearing on June 30, 2013, only Giron appeared; however, the investigation was suspended due to the impending Barangay Elections in October 2013.
During the October 2013 Barangay Elections, Cando successfully vied for the position of Barangay Kagawad and assumed office on December 1, 2013.

On March 13, 2014, the City Council adopted a resolution, based on the January 24, 2014 Committee recommendation, to dismiss the case against Cando as moot and academic.

The resolution invoked the doctrine from Pascual v. Provincial Board of Nueva Ecija and Aguinaldo v. Santos, asserting that a public official’s re-election serves as a condonation of previous misconduct.

Giron moved for reconsideration arguing that the doctrine of condonation should only apply if re-election was to the same position.
On October 27, 2014, the City Council denied Giron’s motion for reconsideration.
On November 18, 2014, Giron escalated the matter by appealing to the Office of the President, where the case was docketed as OP-DC Case No. 15-A-007.
On May 13, 2015, the OP, through Executive Secretary Pacquito N. Ochoa, Jr., dismissed the appeal on the ground of lack of merit, stating that the condonation rule applied since the alleged wrongdoing was committed before the election.

The condonation doctrine, as manifested in the Pascual case (G.R. No. L-11959), is irrelevant under the present 1987 Constitution.
The Aguinaldo doctrine (G.R. No. 94115) is unconstitutional as it violates the public accountability provisions of the 1987 Constitution and Republic Acts 6713 and 7160.
The doctrine should not apply to public officials who are re-elected to a different position.

They argued that Giron failed to exhaust the proper administrative remedies by not filing a motion for reconsideration with the OP.
They maintained that the Aguinaldo condonation doctrine applies even when the public official is elected to a different position.

The Office of the Solicitor General (OSG) also urged that the petition be dismissed for lack of exhaustion of administrative remedies, highlighting that subsequent rulings (e.g., Carpio-Morales v. Court of Appeals) have rendered the condonation doctrine moot and academic.

Giron justified his direct filing before the Court by asserting that the issues raised are purely questions of law or of public interest, thereby excusing the non-exhaustion of administrative remedies.
The case touches upon the balance between administrative remedy requirements and the need for judicial intervention when significant legal principles are at stake.

Whether or not G.R. No. L-11959 (the Pascual case) remains legal and relevant under the 1987 Constitution.
Whether or not G.R. No. 94115 (the Aguinaldo doctrine) is unconstitutional in so far as it violates the public accountability provisions of the 1987 Constitution and Republic Act No. 6713 (the Code of Conduct and Ethical Standards for Public Officials and Employees).
Whether or not the doctrine of condonation applies to public officials who are elected to a different position from the one previously held.