Title
Office of the Ombudsman vs. Malapitan
Case
G.R. No. 229811
Decision Date
Apr 28, 2021
A mayor's alleged 2009 PDAF misuse was shielded by the condonation doctrine, as his 2010 reelection predated its 2016 abandonment, halting administrative proceedings.

Case Summary (G.R. No. 229811)

Case Background

On February 16, 2015, the Office of the Ombudsman’s Public Assistance and Corruption Prevention Office initiated a criminal complaint against several public officials, including Malapitan, for violations of the Anti-Graft and Corrupt Practices Act. This complaint stemmed from the alleged misuse of Malapitan's PDAF amounting to ₱8,000,000 in funding the programs of the Kalookan Assistance Council, Inc. The case involved administrative charges against several officials, but initially did not include Malapitan.

Motion to Implead Malapitan

On January 22, 2016, the Ombudsman sought to amend the complaint to include Malapitan, asserting that his omission was inadvertent. The Task Force PDAF granted this motion on February 22, 2016. Malapitan, contesting this inclusion, filed a petition for certiorari and prohibition before the Court of Appeals, arguing that the Office of the Ombudsman overstepped its authority.

Court of Appeals Decision

On August 31, 2016, the Court of Appeals ruled in favor of Malapitan, asserting that the condonation doctrine — which holds that public officials cannot be held administratively liable for acts committed during a prior term if they are subsequently reelected — was applicable due to the timing of the misconduct and his reelection in 2010. The court noted that the alleged misconduct occurred in 2009, and thus, his reelection served as a form of condonation by the public.

Parties’ Arguments

In the subsequent petition filed by the Office of the Ombudsman, it contended that the Court of Appeals erred by nullifying the orders of the Task Force PDAF and encroaching upon its administrative authority. The Ombudsman argued that a counter-affidavit should have sufficed instead of a petition for certiorari. The petitioners emphasized that the administrative complaint was a valid exercise of their authority to ensure public accountability.

Response from Malapitan

Malapitan's response reiterated that he could not be subjected to the administrative charges due to the application of the condonation doctrine. He asserted that the doctrine should apply as it had not been abandoned until after the filing of the administrative complaint against him.

Supreme Court's Resolution

The Supreme Court upheld the ruling of the Court of Appeals, confirming that the condonation doctrine applied in Malapitan's case, as the administrative offense occurred in 2009, and he was reelected immediately thereafter. The Court clarified that the doctrine vindicated officials against administrative liability stemming from their prior terms, affirming the perspective established in landmark decisions surrounding the abandonment of the condonation doctrine and its applicability to pending cases.

Implications and Clarifications

The decision underscored the timeline regarding the abandonment of the condonation doctrine, affirming that it was definitively abandoned on April 12, 2016. Therefore, cases instituted after that date co

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