In a decision, the CA ruled that Umali was still covered by the 1959 condonation doctrine because the abandonment of the doctrine in the 2015 decision of the Supreme Court was prospective in application.
The OMB ordered Umali’s dismissal from the service and barred him perpetually from holding public office. Umali, who won the 2019 gubernatorial elections in Nueva Ecija, elevated the OMB’s ruling before the CA when he was prevented from assuming his post as governor. Last October 4, the CA issued a decision – also written by Associate Justice Bruselas – that resolved the petition in favor of Umali.“The assailed Decision of the Ombudsman dated 14 November 2016 and Order dated 29 September 2017, although supported by substantial evidence, may not be implemented and are accordingly SET ASIDE. The administrative misconduct committed by petitioner Aurelio M. Umali is deemed CONDONED.
“The acts complained of and the date of filing of the complaint against the petitioner were prior to the promulgation of Binay in 2015. The alleged act of condonation, that is, his election as Governor in 2007 and his re-election in 2010 and 2013, also preceded Binay.
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