No more condonation

Published by the Visayan Daily Star Publications, Inc.

NINFA R. LEONARDIA Editor-in-Chief & President

CARLA P. GOMEZ Editor CHERYL CRUZ Busines Editor NIDA A. BUENAFE Sports Editor RENE GENOVE Bureau Chief, Dumaguete MAJA P. DELY Advertising Coordinator

CARLOS ANTONIO L. LEONARDIA Administrative Officer

The Aguinaldo doctrine, also known as the “condonation doctrine”, that protects elected officials of this country from removal due to administrative misconduct committed during a prior term on the basis that reelection to office operates as a condonation of the officer's previous misconduct could finally be junked by the Supreme Court.

The doctrine has been used by many politicians as an effective defense against removal from office due to administrative charges for decades.

The possibility that this line of defense could no longer be invoked by re-elected officials is exciting for anti-corruption advocates as it has been used and abused far too long. Reports that the justices of the High Tribunal have decided to set aside the doctrine during deliberations on the case of dismissed Makati Mayor Junjun Binay, with a ruling that the doctrine could no longer be invoked by elected officials once the ruling on the Binay case becomes final, are encouraging for those of us who are staunchly against corruption.

One of the greatest flaws of the Aguinaldo doctrine in the Philippine setting is that it assumes when people elect a person into office, they did it with knowledge of his life and character and that they disregarded or forgave his fault or misconduct, if he had any. This doctrine of condonation, coupled with a forgetful and forgiving electorate, a snail-paced justice system, and short three-year terms of office, essentially immunizes 95 percent of officials from administrative cases as long as the shrewd ones can harness the power of their incumbency to get themselves re-elected.

This report coming from within the high tribunal is something many people or families in power are hoping is not true but it would be fair to say that most Filipinos will heave a sigh of relief when the SC releases a copy of the ruling that should cleanse a lot of our public offices of leaders whose pending cases of administrative misconduct or liabilities make them unfit for public office.

It is high time that the Aguinaldo or condonation doctrine that has been a source of refuge for erring elected officials, stops protecting the interests of those in power and it is up to the Supreme Court to do what should have been done many years ago.*