In a ruling that clarifies the procedural pathways for challenging decisions made by the Office of the Ombudsman (OMB), the Supreme Court held that when the OMB absolves an elective public official in an administrative case, and that absolution is final and unappealable under the OMB’s rules, the proper legal remedy is a petition for certiorari filed with the Court of Appeals (CA). This remedy is available to question the decision on grounds of grave abuse of discretion. The Court emphasized that while appeals are generally filed via a petition for review, certiorari serves as an exception when the OMB’s decision is final but tainted with grave abuse of discretion, ensuring that even final administrative rulings are subject to judicial scrutiny for potential errors.

When Condonation Clouds Justice: Can Re-election Excuse Nepotism?

This case originated from an administrative complaint filed by Domingo Crebello against Timoteo T. Capoquian, Jr., then Mayor of Gamay, Northern Samar, alleging nepotism. Crebello asserted that Capoquian appointed his sister, Raquel Capoquian, to the Board of Directors of the Gamay Water District, a clear violation of nepotism rules. The OMB initially investigated the matter, and the Public Assistance and Corruption Prevention Office (PACPO) recommended upgrading the case for preliminary investigation and administrative adjudication. However, the OMB ultimately dismissed the charges against Capoquian, citing the doctrine of condonation because Capoquian had been re-elected as mayor in the 2010 elections. This meant that any administrative offenses committed during his prior term were supposedly forgiven due to his re-election.

Crebello contested the OMB’s decision, arguing that the doctrine of condonation had already been abandoned by the Supreme Court in Morales v. Court of Appeals. He maintained that applying condonation to Capoquian’s case was improper after the doctrine had been effectively nullified. The OMB countered that the abandonment of condonation only took effect on April 12, 2016, after the final denial of their motion for reconsideration in the Morales case. The CA dismissed Crebello’s petition for certiorari, stating that the proper remedy was a petition for review under Rule 43 of the Rules of Court, as established in Fabian v. Desierto. This dismissal prompted Crebello to elevate the matter to the Supreme Court, questioning whether certiorari was indeed the wrong remedy and whether the OMB had committed grave abuse of discretion in applying the condonation doctrine.

The Supreme Court addressed the procedural issue first, clarifying the appropriate remedy when challenging decisions of the OMB. The Court acknowledged the general rule established in Fabian v. Desierto, which dictates that appeals from OMB decisions in administrative cases should be brought to the CA via a petition for review under Rule 43. However, the Court emphasized a critical exception: where the OMB’s decision is final and unappealable under its own rules, such as in cases where the respondent is absolved, the proper remedy is a petition for certiorari. The Court cited Section 7, Rule III of Administrative Order No. 07, which explicitly states that decisions absolving a respondent are final, executory, and unappealable.

The Supreme Court emphasized that a final and unappealable decision by the OMB can still be questioned through a petition for certiorari if there is an allegation and proof of grave abuse of discretion. The Court quoted Republic v. Francisco, stating:

“Decisions of administrative or quasi-administrative agencies which are declared by law final and unappealable are subject to judicial review if they fail the test of arbitrariness, or upon proof of gross abuse of discretion, fraud or error of law.”

This means that while the OMB’s decisions carry weight, they are not immune to judicial scrutiny, especially when there is a clear showing of abuse of authority.

Addressing the substantive issue of condonation, the Court acknowledged that the doctrine’s abandonment took effect on April 12, 2016. While the OMB’s decision to apply condonation on March 31, 2016, might have been initially justifiable, the Court raised a crucial point: Capoquian never invoked condonation as a defense. In Morales v. Court of Appeals, the OMB itself argued that condonation is a matter of defense that must be raised during the administrative proceedings. The Court agreed with this stance, asserting that condonation is an affirmative defense that the respondent must actively assert to allow the OMB to consider it fully.

Capoquian’s failure to file a counter-affidavit or verified position paper indicated that he did not raise condonation or any other defense before the OMB. Consequently, the Court found that the OMB acted improperly in absolving Capoquian based on condonation. The Court held that Capoquian was administratively liable for nepotism. Given that Capoquian’s term during which the act occurred had already expired, the penalty of dismissal could not be imposed. However, the Court stressed that he should still suffer the accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, perpetual disqualification from holding public office, and a bar from taking civil service examinations. This ensures that the law is not rendered a travesty.

FAQs

What was the key issue in this case?	The key issue was whether the Court of Appeals erred in dismissing the petition for certiorari against the Ombudsman’s decision absolving the respondent from administrative charges of nepotism, and whether the Ombudsman committed grave abuse of discretion in applying the doctrine of condonation.
What is the doctrine of condonation?	The doctrine of condonation, before its abandonment, held that an elective official’s administrative liability for misconduct committed during a prior term is forgiven upon re-election to the same position, implying that the electorate has already considered and accepted the official’s past actions.
When was the doctrine of condonation abandoned?	The Supreme Court officially abandoned the doctrine of condonation on April 12, 2016, with the final denial of the motion for reconsideration in the case of Morales v. Court of Appeals.
What is the proper legal remedy to question an Ombudsman’s decision?	Generally, appeals from decisions of the Ombudsman in administrative disciplinary cases are brought to the Court of Appeals via a petition for review under Rule 43 of the Rules of Court. However, when the Ombudsman’s decision is final and unappealable, but is tainted with grave abuse of discretion, the proper remedy is a petition for certiorari.
Why was the petition for certiorari initially dismissed by the CA?	The Court of Appeals initially dismissed the petition for certiorari, believing the proper remedy was a petition for review under Rule 43, following the precedent set in Fabian v. Desierto.
What was the Supreme Court’s ruling in this case?	The Supreme Court granted the petition, reversed the CA’s decision, and found Timoteo T. Capoquian, Jr. guilty of nepotism. Although the penalty of dismissal could not be imposed due to the expiration of his term, the Court imposed accessory penalties, including disqualification from holding public office.
Why did the Supreme Court find grave abuse of discretion on the part of the Ombudsman?	The Supreme Court found that the Ombudsman committed grave abuse of discretion because the respondent, Timoteo T. Capoquian, Jr., never invoked the doctrine of condonation as a defense during the administrative proceedings.
What are the accessory penalties imposed on Capoquian?	The accessory penalties imposed on Timoteo T. Capoquian, Jr. include cancellation of eligibility, forfeiture of retirement benefits, perpetual disqualification from holding public office, and a bar from taking civil service examinations.

This case underscores the importance of procedural accuracy when challenging administrative decisions and reaffirms that even final decisions can be reviewed for grave abuse of discretion. It also clarifies that affirmative defenses must be properly raised by the respondent during administrative proceedings. While the doctrine of condonation is no longer applicable, this case highlights the repercussions for public officials found guilty of administrative offenses.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: DOMINGO CREBELLO v. OFFICE OF THE OMBUDSMAN AND TIMOTEO T. CAPOQUIAN, JR., G.R. No. 232325, April 10, 2019