THE Court of Appeals (CA) upheld its previous ruling clearing former Makati City mayor Jejomar Erwin “Junjun” S. Binay Jr. of administrative liability in the construction of the city’s P2.28 billion parking building.
In a resolution, the CA stressed Binay was still covered by the 2010 Supreme Court decision that reiterated its 1959 condonation doctrine which extinguished the administrative liability of an elective public official once re-elected to the same post.
In its ruling last year, the CA ruled that while the SC abandoned the condonation doctrine in its Nov. 10, 2015 decision, the SC held that “the abandonment of the doctrine should be prospective in application.”
“When a doctrine of this court is overruled and a different view is adopted, the new doctrine should be applied prospectively, and should not apply to parties who had relied on the old doctrine and acted on the faith thereof,” the CA’s ruling stated as it quoted the SC’s decision.
Binay was charged by the Ombudsman before the Sandiganbayan for alleged falsification of public documents, graft, and malversation of public funds in connection with the P2.8-billion building construction.