Doctrine of Condonation – Aguinaldo vs. Santos G.R. No.

94115, 21 August
1992

Facts: Rodolfo E. Aguinaldo was duly elected to the position of Governor of

Cagayan
during the local elections. Thereafter, a coup d’etat occurred wherein the Secretary
of Local
Government required Aguinaldo to show cause as to why he should not be
suspended or
removed from office for his disloyalty to the Republic. It was also supported by sworn
complaints by three mayors of the municipalities of Cagayan. In reply, Aguinaldo
denied
being privy to the planning of the coup or actively participating in its execution,
although he
admitted that he was sympathetic to the cause of the rebel soldiers. After
consideration of
the reply, the Secretary suspended Aguinaldo from office, pending the outcome of
the
formal investigation into the charges against him. Eventually, the Secretary found
Aguinaldo
guilty as charged and ordered his removal from office. Aguinaldo contended that the
Secretary had no power to order such suspension or removal because its source has
been
repealed by the 1987 Constitution.
While the case was pending, Aguinaldo filed his certificate of candidacy for the same
position for the subsequent elections. It was questioned but the Commission ruled
that
Aguinaldo may still be voted upon as a candidate pending the final outcome of the
cases.
Aguinaldo won by a landslide margin in the elections.

Issues: 1. Whether Aguinaldo’s re-election has rendered the administration case

moot and
academic.
2. Whether the Secretary had the power to suspend or remove Aguinaldo

Ruling and Rationale: 1. Yes, the election has rendered the administration case
moot and
academic. The rule is that a public official cannot be removed for administrative
misconduct
committed during a prior term, since his re-election to office operates as a
condonation
of the officer's previous misconduct to the extent of cutting off the right to remove
him
therefor. The foregoing rule, however, finds no application to criminal cases
pending
against petitioner for acts he may have committed during the failed coup.
2. Yes, the power of the Secretary to remove local government officials is anchored
on both
the Constitution and a statutory grant from the legislative branch. The power of the
DILG
secretary to remove local elective government officials is found in Secs. 60 and 61 of
BP
337.

Doctrines: 1. The re-election of a local official bars the continuation of the

administrative
case against him, inasmuch as the re-election of the official is tantamount to
condonation by
the people of whatever past misdeeds he may have committed.
2. The acts of the department head are presumptively the acts of the President
unless
expressly rejected by him