Condonation doctrine : testing it's validity under the criteria of a sound and valid legal doctrine / Lovely Rose Z. Catayen.
Material type:
TextPublisher: Cebu City : University of Cebu, 2016Description: 45 leaves ; 31 cmContent type: text Media type: unmediated Carrier type: volumeSummary: Summary: Condonation Doctrine operates to free, upon re-election, elective public officials from any administrative charges no matter how grave filed against them for the misconduct they committed during their previous term in office. This doctrine embodied in the case of Pascul v. Honorable Provincial Board of Nueva Ecija is a landmark ruling in Philippines jurisprudence in 1959. In deciding the case, the court resorted to American jurisprudence since neither law nor prior judicial decisions can be anchored upon to resolve the novelty of the issue posed therein. The Pascual case was decided under the constitutional fiat of 1953 Philippine Constitution where neither stringent policy on public accountability nor institutionalization of the Office of the Ombudsman has been made a mandate unlike in 1987 Constitution.
The controversy concerning the validity of the condonation doctrine arose upon ratification of the 1987 Constitution which requires public officers to keep inviolate the constitutional policy that public office is a public trust. Not to discount the institutionalization of the Ombudsman and the virtual encroachment by the Court upon the President's constitutionally-granted power to pardon. Likewise, not to disregard, not to disregard is the serious campaign of the government against graft and corruption. In view thereof, the underpinnings upon which the condonation doctrine rested have been placed in the precarious situation. To test the precariousness of this doctrine, this research attempts to establish the criteria of what constitutes a sound and valid legal doctrine based on Philippine laws and Jurisprudence with the objective of determining whether the condonation doctrine is a sound and valid doctrine under the criteria to be established. Upon determination, the research elucidates the following criteria, to wit: 1) authority; 2) conformity to the rule of law; and 3) consistency with sound public policy. Upon examination, under the considered criteria, the doctrine withstood the first test but fell short on the second and third criteria. Therefore, the ultimate conclusion is for the Court to reconsider once again the validity of the condonation doctrine and put the same to the lists of abandoned doctrines since the condonation doctrine is no longer valid and sound under the present 1987 Constitution.
| Item type | Current location | Call number | Status | Date due | Barcode |
|---|---|---|---|---|---|
Thesis
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Reserved (Law) | T C28co 2016 (Browse shelf) | Not for loan | 3UCBLL000007911 | |
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Thesis
|
Reserved (Law) | T C28co 2016 (Browse shelf) | Not for loan | 3UCBLL000007910 |
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Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2016.
Includes bibliographical references (leaves 42-45).
Summary: Condonation Doctrine operates to free, upon re-election, elective public officials from any administrative charges no matter how grave filed against them for the misconduct they committed during their previous term in office. This doctrine embodied in the case of Pascul v. Honorable Provincial Board of Nueva Ecija is a landmark ruling in Philippines jurisprudence in 1959. In deciding the case, the court resorted to American jurisprudence since neither law nor prior judicial decisions can be anchored upon to resolve the novelty of the issue posed therein. The Pascual case was decided under the constitutional fiat of 1953 Philippine Constitution where neither stringent policy on public accountability nor institutionalization of the Office of the Ombudsman has been made a mandate unlike in 1987 Constitution.
The controversy concerning the validity of the condonation doctrine arose upon ratification of the 1987 Constitution which requires public officers to keep inviolate the constitutional policy that public office is a public trust. Not to discount the institutionalization of the Ombudsman and the virtual encroachment by the Court upon the President's constitutionally-granted power to pardon. Likewise, not to disregard, not to disregard is the serious campaign of the government against graft and corruption. In view thereof, the underpinnings upon which the condonation doctrine rested have been placed in the precarious situation. To test the precariousness of this doctrine, this research attempts to establish the criteria of what constitutes a sound and valid legal doctrine based on Philippine laws and Jurisprudence with the objective of determining whether the condonation doctrine is a sound and valid doctrine under the criteria to be established. Upon determination, the research elucidates the following criteria, to wit: 1) authority; 2) conformity to the rule of law; and 3) consistency with sound public policy. Upon examination, under the considered criteria, the doctrine withstood the first test but fell short on the second and third criteria. Therefore, the ultimate conclusion is for the Court to reconsider once again the validity of the condonation doctrine and put the same to the lists of abandoned doctrines since the condonation doctrine is no longer valid and sound under the present 1987 Constitution.
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