Giron V Ochoa

8/8/2019 SUPREME COURT REPORTS ANNOTATED 819

G.R. No. 218463. March 1, 2017.*

HENRY R. GIRON, petitioner, vs. HON. EXECUTIVE
SECRETARY PAQUITO N. OCHOA, JR., HON.
SANGGUNIANG PANLUNGSOD OF QUEZON CITY and
HON. KAGAWAD ARNALDO A. CANDO, respondents.
Remedial Law; Civil Procedure; Exhaustion of Administrative

Remedies; Plain is the rule that before a party is allowed to seek
intervention of the courts, exhaustion of available administrative
remedies, like filing a motion for reconsideration, is a
precondition.—Plain is the rule that before a party is allowed to
seek intervention of the courts, exhaustion of available
administrative remedies, like filing a motion for reconsideration,
is a precondition. As held in a catena of cases, the courts of justice,
for reasons of comity and convenience, will shy away from a
dispute until the system of administrative redress has been
completed and complied with, so as to give the administrative
agency concerned every opportunity to correct its error and
dispose of the case. This availment of administrative rem-
_______________
* SECOND DIVISION.

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104
104 SUPREME COURT REPORTS ANNOTATED

Giron vs. Ochoa, Jr.
edy entails lesser expenses and provides for a speedier

disposition of controversies. Generally, absent any finding of
waiver or estoppel, the case is susceptible of dismissal for lack of
cause of action.
Same; Same; Courts; Supreme Court; As a rule, direct resort
to the Supreme Court (SC) is frowned upon in line with the
principle that the Court is the court of last resort, and must
remain to be so if it is to satisfactorily perform the functions
conferred to it by the Constitution; Exceptions.—As a rule, direct
resort to this Court is frowned upon in line with the principle that
the Court is the court of last resort, and must remain to be so if it
is to satisfactorily perform the functions conferred to it by the
Constitution. The rule, however, admits of exceptions, namely:
“(a) where there is estoppel on the part of the party invoking the
doctrine; (b) where the challenged administrative act is patently
illegal, amounting to lack of jurisdiction; (c) where there is
unreasonable delay or official inaction that will irretrievably
prejudice the complainant; (d) where the amount involved is
relatively so small as to make the rule impractical and oppressive;
(e) where the question involved is purely legal and will
ultimately have to be decided by the courts of justice; (f)
where judicial intervention is urgent; (g) where the application of
the doctrine may cause great and irreparable damage; (h) where
the controverted acts violate due process; (i) where the issue of
non-exhaustion of administrative remedies has been rendered
moot; (j) where there is no other plain, speedy and adequate
remedy; (k) where strong public interest is involved; and (1) in
quo warranto proceedings.”
Public Officers; Condonation Doctrine; The Office of the
Solicitor General (OSG) is correct that the condonation doctrine
has been abandoned by the Supreme Court (SC) in Carpio-Morales
v. Court of Appeals (Sixth Division), 774 SCRA 431 (2015). In the
said case, the Court declared the doctrine as unconstitutional, but
stressed that its application should only be prospective.—The OSG
is correct that the condonation doctrine has been abandoned by
the Court in Carpio-Morales v. Court of Appeals (Sixth Division),
774 SCRA 431 (2015). In the said case, the Court declared the
doctrine as unconstitutional, but stressed that its application
should only be prospective. Thus: It should, however, be clarified
that this Court’s abandonment of the condonation doctrine
should be prospective in application for the reason that

judicial decisions applying or interpreting the laws or the
Constitution, until reversed, shall form part of the legal system of

105
VOL. 819, MARCH 1, 2017 105

the Philippines. Unto this Court devolves the sole authority

to interpret what the Constitution means, and all persons are
bound to follow its interpretation. As explained in De Castro v.
Judicial Bar Council: Judicial decisions assume the same
authority as a statute itself and, until authoritatively abandoned,
necessarily become, to the extent that they are applicable, the
criteria that must control the actuations, not only of those called
upon to abide by them, but also of those duty-bound to enforce
obedience to them. Hence, while the future may ultimately
uncover a doctrine’s error, it should be, as a general rule,
recognized as “good law” prior to its abandonment.
Same; Same; Considering the ratio decidendi behind the
doctrine, the Supreme Court (SC) agrees with the interpretation of
the administrative tribunals below that the condonation doctrine
applies to a public official elected to another office.—Considering
the ratio decidendi behind the doctrine, the Court agrees with the
interpretation of the administrative tribunals below that the
condonation doctrine applies to a public official elected to another
office. The underlying theory is that each term is separate from
other terms. Thus, in Carpio-Morales v. Court of Appeals (Sixth
Division), 774 SCRA 431 (2015), the basic considerations are the
following: first, the penalty of removal may not be extended
beyond the term in which the public officer was elected for each
term is separate and distinct; second, an elective official’s
reelection serves as a condonation of previous misconduct, thereby
cutting the right to remove him therefor; and third, courts may
not deprive the electorate, who are assumed to have known the
life and character of candidates, of their right to elect officers. In
this case, it is a given fact that the body politic, who elected him
to another office, was the same.
PETITION for review on certiorari of a decision of the

Office of the President.
The facts are stated in the opinion of the Court.
MENDOZA, J.:

This petition for review on certiorari under Rule 45 of
the Rules of Court seeks the review of the May 13, 2015
Decision1
_______________
1 Rollo, pp. 49-50.

106

of the Office of the President (OP) in OP-DC Case No. 15-A-

007, which dismissed the appeal of petitioner Henry R.
Giron (Giron) from the March 13, 2014 Resolution2 of the
City Council of Quezon City (City Council), dismissing the
administrative complaint against respondent Arnaldo A.
Cando (Cando), then the Barangay Chairman of Capri,
Novaliches, Quezon City.

The Antecedents

On November 6, 2012, Giron, together with Marcelo B.
Macasinag, Eliseo M. Cruz, Benjamin Q. Osi and Crisanto
A. Canciller, filed before the Ombudsman a complaint for
Dishonesty, Grave Abuse of Authority and Violation of
Section 389(b) of Republic Act (R.A.) No. 71603 against
Cando, then
2 Id., at p. 22.
3 THE LOCAL GOVERNMENT CODE of 1991.
Section 389. Chief Executive: Powers, Duties, and Functions.—
(a) The punong barangay, as the chief executive of the barangay
government, shall exercise such powers and perform such duties
and functions, as provided by this Code and other laws.
(b) For efficient, effective and economical governance, the purpose
of which is the general welfare of the barangay and its inhabitants
pursuant to Section 16 of this Code, the punong barangay shall:
(1) Enforce all laws and ordinances which are applicable
within the barangay;
(2) Negotiate, enter into, and sign contracts for and in
behalf of the barangay, upon authorization of the
sangguniang barangay;
(3) Maintain public order in the barangay and, in
pursuance thereof, assist the city or municipal mayor and
the sanggunian members in the performance of their duties
and functions;
(4) Call and preside over the sessions of the sangguniang
barangay and the barangay assembly, and vote only to break
a tie;

107
VOL. 819, MARCH 1, 2017 107

the Barangay Chairman of Capri, for illegally using

electricity in three (3) of his computer shops.
_______________
(5) Upon approval by a majority of all the members of the

sangguniang barangay, appoint or replace the barangay treasurer,
the barangay secretary, and other appointive barangay officials;
(6) Organize and lead an emergency group whenever the same
may be necessary for the maintenance of peace and order or on
occasions of emergency or calamity within the barangay;
(7) In coordination with the barangay development council,
prepare the annual executive and supplemental budgets of the
barangay;
(8) Approve vouchers relating to the disbursement of barangay
funds;
(9) Enforce laws and regulations relating to pollution control and
protection of the environment;
(10) Administer the operation of the katarungang pambarangay
in accordance with the provisions of this Code;
(11) Exercise general supervision over the activities of the
sangguniang kabataan;
(12) Ensure the delivery of basic services as mandated under
Section 17 of this Code;
(13) Conduct an annual palarong barangay which shall feature
traditional sports and disciplines included in national and
international games, in coordination with the Department of
Education, Culture and Sports;
(14) Promote the general welfare of the barangay; and
(15) Exercise such other powers and perform such other duties
and functions as may be prescribed by law or ordinance.
(b) In the performance of his peace and order functions, the
punong barangay shall be entitled to possess and carry the
necessary firearm within his territorial jurisdiction, subject
to appropriate rules and regulations.

108

On November 8, 2012, the case was referred to the

Office of the Vice Mayor of Quezon City and was
calendared for the January 14, 2013 session of the City
Council. The case was later endorsed to the Special
Investigation Committee on Administrative Cases Against
Elective Barangay Officials (Committee) for a hearing. On a
scheduled hearing on June 30, 2013, only Giron appeared.
The investigation, however, was suspended because of
the coming October 2013 Barangay Elections. During the
said elections, Cando vied for the position of Barangay
Kagawad and won. He assumed office on December 1,
2013.
On March 13, 2014, the City Council adopted the
Resolution4 of the Committee, dated January 24, 2014,
recommending the dismissal of the case against Cando for
being moot and academic. It cited as basis the doctrine first
enunciated in Pascual v. Provincial Board of Nueva Ecija
(Pascual)5 and reiterated in Aguinaldo v. Santos
(Aguinaldo),6 where the Court stated that “a public official
cannot be removed for administrative misconduct
committed during a prior term, since his reelection to office
operates as a condonation of the officer’s previous
misconduct to the extent of cutting off the right to remove
him therefor.”7
Giron moved for reconsideration, arguing that the
doctrine of condonation was only applicable when the
reelection of the public official was to the same position. On
October 27, 2014, the City Council adopted the
recommendation of the Committee to deny Giron’s motion
for reconsideration.8
On November 18, 2014, Giron appealed to the OP, where
it was docketed as OP-DC Case No. 15-A-007. On May 13,
2015, the OP, through respondent Executive Secretary

Pacquito N.
_______________
4 Rollo, pp. 23-28.

5 106 Phil. 466 (1959).
6 287 Phil. 851; 212 SCRA 768 (1992).
7 Rollo, p. 26.
8 Id., at pp. 29-35.

109
VOL. 819, MARCH 1, 2017 109

Ochoa, Jr., dismissed the appeal for lack of merit. The OP

opined that the “condonation rule applied even if [Cando]
runs for a different position as long as the wrongdoing that
gave rise to his culpability was committed prior to the date
of election.”9
Giron did not move for reconsideration. Instead, he
directly filed this petition before this Court. His
justification for his disregard of the rule on exhaustion of
administrative remedies was that the issues being raised in
this petition were purely questions of law or of public
interest.
Issues
A. WHETHER OR NOT G.R. NO. L-11959 (Pascual Case)
STILL LEGAL AND RELEVANT UNDER THE 1987
CONSTITUTION.
B. WHETHER OR NOT G.R. NO. 94115 (Aguinaldo
Doctrine) IS UNCONSTITUTIONAL INSOFAR AS IT
VIOLATES PUBLIC ACCOUNTABLITY OF 1987
CONSTITUTION AND REPUBLIC ACT 6713 THE CODE
OF CONDUCT AND ETHICAL STANDARDS FOR
PUBLIC OFFICIALS AND EMPLOYEES.
C. WHETHER OR NOT THE DOCTRINE OF
CONDONATION APPLIES TO PUBLIC OFFICIALS
REELECTED TO OTHER POSITION[S].10

Basically, petitioner Giron wants this Court to revisit
the condonation doctrine and prays for the Court:
_______________
“1. To declare that No. L-11959 (Pascual case) is irrelevant under

the present 1987 Constitution;
_______________
9 Id., at p. 50.
10 Id., at p. 17.

110

2. To nullify G.R. No. 94115 (Aguinaldo doctrine) as it

contravenes the Public Accountability [provisions] of 1987
Constitution and violates Republic Act [No.] 6713 and Republic
Act [No.] 7160; and
3. If [it would be] ruled that the condonation doctrine [would] still
[be] valid, it does not apply to reelection to other position.”11

Respondent Cando disagrees. On procedural grounds, he
seeks the dismissal of the petition grounded on Giron’s
failure to exhaust administrative remedies as no motion for
reconsideration was filed with the OP. As to the merits, the
respondent asserts that the Aguinaldo condonation
doctrine applies in his case and that the reelection to office,
contemplated under the said doctrine, includes election to a
different post.
The OSG, on the other hand, insists that the petition
should be dismissed on the ground of violation of the rule
on exhaustion of administrative remedies. It points out
that the issues raised by Giron have been rendered moot
and academic by the Court’s ruling in Conchita Carpio-
Morales v. Court of Appeals and Jejomar Erwin S. Binay,
Jr., (Carpio-Morales),12 wherein the Aguinaldo doctrine
was abandoned but its application was made prospective.
Thus, its reliance on the ruling should be respected.

The Ruling of the Court

Procedural Issues

Plain is the rule that before a party is allowed to seek

intervention of the courts, exhaustion of available
administrative remedies, like filing a motion for
reconsideration, is a precondition. As held in a catena of
cases, the courts of justice, for reasons of comity and
convenience, will shy away from a
_______________
11 Id., at p. 18.
12 G.R. Nos. 217126-27, November 10, 2015, 774 SCRA 431.

111
VOL. 819, MARCH 1, 2017 111

dispute until the system of administrative redress has been

completed and complied with, so as to give the
administrative agency concerned every opportunity to
correct its error and dispose of the case. This availment of
administrative remedy entails lesser expenses and provides
for a speedier disposition of controversies.13 Generally,
absent any finding of waiver or estoppel, the case is
susceptible of dismissal for lack of cause of action.14
In this case, petitioner Giron raises the issue of whether
the condonation doctrine still applies if the public official is
elected to a new position. As he has raised a pure question
of law, his failure to seek further administrative remedy
may be excused. It has been held that the requirement of a
motion for reconsideration may be dispensed within the
following instances: (1) when the issue raised is one
purely of law; (2) where public interest is involved;
(3) in cases of urgency; and (4) where special circumstances
warrant immediate or more direct action.15
For the same reason, the Court glosses over the failure
of the petitioner to properly observe the hierarchy of courts.
Under the rules, he should have first brought this to the
_______________
13 Paat v. Court of Appeals, 334 Phil. 146, 152; 266 SCRA 167, 176
(1997). See also 63C Am. Jur. 2d, 58 which states: Where an
administrative remedy is provided by the statute and is intended to be
exclusive, a court has no authority to oust the administrative agency of its
jurisdiction by hearing the case; therefore, a court that hears such case is
acting without jurisdiction, rather than merely committing an error of
law, and is subject to prohibition.
An agency may seek prohibition preventing court interference with
cases pending before it, and the hardship the agency faces caused by a
court order halting its proceedings is sufficient to justify the granting of
the writ. (Citations omitted)
14 Montanez v. Provincial Agrarian Reform Adjudicator (PARAD),
Negros Occidental, 616 Phil. 203; 600 SCRA 217 (2009), citing Paat v.
Court of Appeals, id.
15 Alindao v. Joson, 332 Phil. 239, 251; 264 SCRA 211, 220 (1996).

112

Court of Appeals through a petition for review under Rule

43. Section 1 thereof reads:
Section 1. Scope.—This Rule shall apply to appeals from

judgments or final orders of the Court of Tax Appeals and from
awards, judgments, final orders or resolutions of or authorized by
any quasi-judicial agency in the exercise of its quasi-
judicial functions. Among these agencies are the Civil Service
Commission, Central Board of Assessment Appeals, Securities
and Exchange Commission, Office of the President, Land
Registration Authority, Social Security Commission, Civil
Aeronautics Board, Bureau of Patents, Trademarks and
Technology Transfer, National Electrification Administration,
Energy Regulatory Board, National Telecommunications
Commission, Department of Agrarian Reform under Republic Act
No. 6657, Government Service Insurance System, Employees
Compensation Commission, Agricultural Inventions Board,
Insurance Commission, Philippine Atomic Energy Commission,
Board of Investments, Construction Industry Arbitration
Commission, and voluntary arbitrators authorized by law.
[Emphasis supplied]

As a rule, direct resort to this Court is frowned upon in
line with the principle that the Court is the court of last
resort, and must remain to be so if it is to satisfactorily
perform the functions conferred to it by the Constitution.
The rule, however, admits of exceptions, namely: “(a) where
there is estoppel on the part of the party invoking the

doctrine; (b) where the challenged administrative act is
patently illegal, amounting to lack of jurisdiction; (c) where
there is unreasonable delay or official inaction that will
irretrievably prejudice the complainant; (d) where the
amount involved is relatively so small as to make the rule
impractical and oppressive; (e) where the question
involved is purely legal and will ultimately have to
be decided by the courts of justice; (f) where judicial
intervention is urgent; (g) where the application of the
doctrine may cause great and irrepara-

113
VOL. 819, MARCH 1, 2017 113

ble damage; (h) where the controverted acts violate due

process; (i) where the issue of non-exhaustion of
administrative remedies has been rendered moot; (j) where
there is no other plain, speedy and adequate remedy; (k)
where strong public interest is involved; and (l) in quo
warranto proceedings.”16

Substantive Issue

The OSG is correct that the condonation doctrine has
been abandoned by the Court in Carpio-Morales.17 In the
said case, the Court declared the doctrine as
unconstitutional, but stressed that its application should
only be prospective. Thus:
It should, however, be clarified that this Court’s

abandonment of the condonation doctrine should be
prospective in application for the reason that judicial
decisions applying or interpreting the laws or the Constitution,
until reversed, shall form part of the legal system of the
Philippines. Unto this Court devolves the sole authority to
interpret what the Constitution means, and all persons are bound
to follow its interpretation. As explained in De Castro v. Judicial
Bar Council:
Judicial decisions assume the same authority as a statute
itself and, until authoritatively abandoned, necessarily
become, to the extent that they are applicable, the criteria
that must control the actuations, not only of those called
upon to abide by them, but also of those duty-bound to

enforce obedience to them.
Hence, while the future may ultimately uncover a doctrine’s
error, it should be, as a general rule, recognized as “good law”
prior to its abandonment. x x x [Emphasis supplied]
_______________
16 United Overseas Bank of the Philippines, Inc. v. Board of

Commissioners-HLURB, G.R. No. 182133, June 23, 2015, 760 SCRA 300,
317.
17 Carpio-Morales v. Court of Appeals (Sixth Division), supra note 12.

114

In this case, however, Giron insists that although the

abandonment is prospective, it does not apply to public
officials elected to a different position.
On this issue, considering the ratio decidendi behind the
doctrine, the Court agrees with the interpretation of the
administrative tribunals below that the condonation
doctrine applies to a public official elected to another office.
The underlying theory is that each term is separate from
other terms. Thus, in Carpio-Morales, the basic
considerations are the following: first, the penalty of
removal may not be extended beyond the term in which the
public officer was elected for each term is separate and
distinct;18 second, an elective official’s reelection serves as a
condonation of previous misconduct, thereby cutting the
right to remove him therefor;19 and third, courts may not
deprive the electorate, who are assumed to have known the
life and character of candidates, of their right to elect
officers. In this case, it is a given fact that the body politic,
who elected him to another office, was the same.
It should be stressed, however, that the doctrine is now
abandoned. As concluded in the said case:
_______________
18 Offenses committed, or acts done, during previous term are

generally held not to furnish cause for removal and this is especially true
where the constitution provides that the penalty in proceedings for
removal shall not extend beyond the removal from office, and
disqualification from holding office for the term for which the officer was
elected or appointed. (67 C.J.S. p. 248, citing Rice v. State, 161 S.W. 2d.
401; Montgomery v. Nowell, 40 S.W. 2d. 418; People ex rel. Bagshaw v.
Thompson, 130 P. 2d. 237; Board of Com’rs of Kingfisher County v.
Shutler, 281 P. 222; State v. Blake, 280 P. 388; In re Fudula, 147 A. 67;
State vs. Ward, 43 S.W. 2d. 217).
19 That the reelection to office operates as a condonation of the
officer’s previous misconduct to the extent of cutting off the right to
remove him therefor. (43 Am. Jur. p. 45, citing Atty. Gen. v. Hasty, 184
Ala. 121, 63 So. 559, 50 L.R.A. [NS] 553. 273).

115
VOL. 819, MARCH 1, 2017 115

x x x. In consequence, it is high time for this Court to abandon

the condonation doctrine that originated from Pascual, and
affirmed in the cases following the same, such as Aguinaldo,
Salalima, Mayor Garcia, and Governor Garcia, Jr. which were all
relied upon by the CA.20

WHEREFORE, the petition is DENIED. The May 13,
2015 Decision of the Office of the President in OP-DC Case
No. 15-A-007, adopting the March 13, 2014 Resolution of
the City Council of Quezon City is AFFIRMED.
This disposition is, however, without prejudice to any
criminal case filed, or may be filed, against Arnaldo A.
Cando for theft of electricity.
SO ORDERED.
Carpio (Acting CJ., Chairperson), Peralta and

Jardeleza, JJ., concur.
Leonen, J., On Official Leave.
Petition denied, judgment affirmed.
Notes.—The thrust of the rule on exhaustion of

administrative remedies is that courts must follow
administrative agencies to carry out their functions and
discharge their responsibilities within the specialized areas
of their respective competence. (Delos Reyes vs. Flores, 614
SCRA 270 [2010])
The condonation doctrine does not apply to a criminal

case. (Salumbides, Jr. vs. Office of the Ombudsman, 619
SCRA 313 [2010])

——o0o——
_______________
20 Carpio-Morales v. Court of Appeals (Sixth Division), supra note 12,

citing Conant v. Grogan, 6 N.Y.S.R. 322 (1887).
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8/8/2019 SUPREME COURT REPORTS ANNOTATED 819

G.R. No. 218463. March 1, 2017.*

Remedial Law; Civil Procedure; Exhaustion of Administrative

104 SUPREME COURT REPORTS ANNOTATED

edy entails lesser expenses and provides for a speedier

should be prospective in application for the reason that

VOL. 819, MARCH 1, 2017 105

the Philippines. Unto this Court devolves the sole authority

PETITION for review on certiorari of a decision of the

1 Rollo, pp. 49-50.

106 SUPREME COURT REPORTS ANNOTATED

of the Office of the President (OP) in OP-DC Case No. 15-A-

VOL. 819, MARCH 1, 2017 107

the Barangay Chairman of Capri, for illegally using

(5) Upon approval by a majority of all the members of the

108 SUPREME COURT REPORTS ANNOTATED

On November 8, 2012, the case was referred to the

2015, the OP, through respondent Executive Secretary

4 Rollo, pp. 23-28.

VOL. 819, MARCH 1, 2017 109

Ochoa, Jr., dismissed the appeal for lack of merit. The OP

“1. To declare that No. L-11959 (Pascual case) is irrelevant under

110 SUPREME COURT REPORTS ANNOTATED

2. To nullify G.R. No. 94115 (Aguinaldo doctrine) as it

Plain is the rule that before a party is allowed to seek

VOL. 819, MARCH 1, 2017 111

dispute until the system of administrative redress has been

112 SUPREME COURT REPORTS ANNOTATED

Court of Appeals through a petition for review under Rule

Section 1. Scope.—This Rule shall apply to appeals from

there is estoppel on the part of the party invoking the

VOL. 819, MARCH 1, 2017 113

ble damage; (h) where the controverted acts violate due

It should, however, be clarified that this Court’s

upon to abide by them, but also of those duty-bound to

16 United Overseas Bank of the Philippines, Inc. v. Board of

114 SUPREME COURT REPORTS ANNOTATED

In this case, however, Giron insists that although the

18 Offenses committed, or acts done, during previous term are

VOL. 819, MARCH 1, 2017 115

x x x. In consequence, it is high time for this Court to abandon

Carpio (Acting CJ., Chairperson), Peralta and

Petition denied, judgment affirmed.

Notes.—The thrust of the rule on exhaustion of

The condonation doctrine does not apply to a criminal

20 Carpio-Morales v. Court of Appeals (Sixth Division), supra note 12,

© Copyright 2019 Central Book Supply, Inc. All rights reserved.

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