Monday, November 16, 2015

The Binay decision; dispositive part; condonation doctrine abandoned.

"x x x.

WHEREFORE, the petition is PARTLY GRANTED. Under the premises of this Decision, the Court resolves as follows: 

(a) the second paragraph of Section 14 of Republic Act No. 6770 is declared UNCONSTITUTIONAL, while the policy against the issuance of provisional injunctive writs by courts other than the Supreme Court to enjoin an investigation conducted by the Office of the Ombudsman under the first paragraph of the said provision is DECLARED ineffective until the Court adopts the same as part of the rules of procedure through an administrative circular duly issued therefor;

(b) The condonation doctrine is ABANDONED, but the abandonment is PROSPECTIVE in effect; 

(c) The Court of Appeals (CA) is DIRECTED to act on respondent Jejomar Erwin S. Binay, Jr. 's (Binay, Jr.) petition for certiorari in CA-G.R. SP No. 139453 in light of the Office of the Ombudsman's supervening issuance of its Joint Decision dated October 9, 2015 finding Binay, Jr. administratively liable in the six (6) administrative complaints, x x x; and

(d) After the filing of petitioner Ombudsman Conchita Carpio Morales's comment, the CA is DIRECTED to resolve Binay, Jr. 's petition for contempt in CA-G.R. SP No. 139504 with utmost dispatch.