Political and Public International Law › Law on Public Officers › Accountability of Public Officers (RA 6713) › The Ombudsman and the Special Prosecutor (RA 6770)

b. Administrative Jurisdiction

Administrative liability is separate from and independent of criminal liability.

It is a fundamental principle in the law on public officers that administrative liability is separate from and independent of criminal liability. A simple act or omission can give rise to criminal, civil or administrative liability, each independently of the others. This is known as the threefold liability rule. Thus, absolution from a criminal charge is not a bar to an administrative prosecution, and vice versa. The dismissal of the administrative cases against the petitioners will not necessarily result in the dismissal of the criminal complaints filed against them. (Regidor, Jr. v. People, G.R. 166086-92, 2009; Office of the President v. Cataquiz, G.R. 183445, 2011)

Abandoned: Doctrine of Condonation (Aguinaldo Doctrine)

The doctrine of condonation has been dispensed with by the Court. Election is not a mode of condoning an administrative offense, and there is simply no constitutional or statutory basis in our jurisdiction to support the notion that an official elected for a different term is fully absolved of any administrative liability arising from an offense done during a prior term. However, the doctrine of condonation should be, as a general rule, recognized as good law prior to its abandonment. (Carpio-Morales v. CA and Binay, G.R. 217126-27, 2015).

Authorities

  • Office of the President v. Cataquiz, G.R. No. 183445, 14 September 2011
  • Regidor, Jr. v. People, G.R. No. 166086-92