Condonation Doctrine

The condonation doctrine holds that a public official’s re-election bars removal for administrative misconduct committed during a prior term, as it is deemed a public condonation of past acts. However, in Carpio-Morales v. Binay, the Supreme Court abandoned the doctrine for lack of legal basis and for being contrary to the Constitution, with the ruling applying prospectively from April 12, 2016.

The Supreme Court Decides: A strict and rigid application of the rules which would result in technicalities that tend to frustrate rather than promote substantial justice must be avoided.

The Supreme Court clarified that the requirement of indicating the material dates in the petition is separate from the requirement that the petition be timely filed, as both must be complied with.

The Supreme Court Decides: Procedural rules are mere tools to facilitate the attainment of justice. As such, a strict and rigid application of the rules which would result in technicalities that tend to frustrate rather than promote substantial justice must be avoided.

Why choose ALBURO LAW?

Alburo Alburo & Associates Law Offices:

• Have labor law and business law as our main fields of practice. For almost a decade now, we have been helping businesses improve their productivity and profitability by helping them comply with relevant laws, rules, and regulations.

• Observe high standards of excellence.

• Always consider innovative approaches to effectively address the legal concerns of our clients, covering a wide range of industries such as food, manufacturing, chemicals, real estate, retail and wholesale trade, and services in fields such as information technology, human resources, security, training, process outsourcing and other manpower services, among many others.

Contact us: 09778050020 | 09778050015 | (02) 7745-4391

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