When ex-convicts are elected to public office?

What happens when persons convicted of crimes are elected into office? Are their crimes deemed forgiven?

The answer used to be "yes" under the old Aguinaldo Doctrine. Today, however, the answer is a big "No" under the Supreme Court, en banc, decision in the famous case of Ombudsman Conchita Carpio Morales vs Court of Appeals and Jejomar Erwin S. Binay Jr., GR no 217126 decided on September 12, 2016.

Romeo Jalosjos was accused and convicted of statutory rape involving a very young girl below 12 years of age. He is now eligible to run because GMA granted him an absolute pardon. President Erap was also convicted by the Sandiganbayan but GMA again, who earlier replaced him rather unceremoniously, granted Erap an absolute pardon. He ran and won twice as Manila city mayor, until Isko defeated him.

The late president Ferdinand Marcos Sr., was convicted by the trial court of Ilocos Norte, along with his father and uncle for the alleged murder of Julio Nalundasan, the congressman who defeated Mariano Marcos, FM's father. But Marcos Sr. was acquitted by the Supreme Court. Even President Jose P. Laurel Sr. who penned the decision exonerating Marcos Sr. was also convicted of a minor crime when he was younger.

Robinhood Padilla was convicted of illegal possession of multiple firearms and ammunition and served a number of years in the national penitentiary. He was granted conditional pardon by President FVR and absolute pardon by President Duterte. And Duterte pushed him and helped him to be elected senator, and not just as senator, but as number one among the 12 senators elected.

What about if a convicted felon is not pardoned by the president, but ran for public office and won? Is he deemed forgiven? Not anymore under the Carpio Morales doctrine, which abandoned the Aguinaldo Doctrine. That means that the people cannot forgive a convicted criminal in the same manner that the President of the Philippines is duly empowered to do so by no less than the Constitution, which is the highest law of the land.

In this case, the ponente, Madam Justice Estela Perlas-Benrabe opened her ponencia by borrowing the words written by Jeremy Bentham in Europe, as follows: "All government is a trust, every branch of government is a trust and immemorially acknowledged so to be." In our own Constitution, Article XI, section 1 provides an opening line: "Public Office is a Public Trust."

Under the old case of Aguinaldo vs Santos (GR no 94115, 21 August 1992, an elected official cannot be removed from his position as duly elected official due to an act he committed in his previous term of office. It was then postulated that his reelection to the same office is considered legally as a condonation of his past offense so much so that he could not now be removed from his current post. Briefly, it meant that the new political mandate from the people extinguishes his past misdeeds.

The Aguinaldo doctrine has been the controlling precedent since 1992 until the Carpio Morales decision was promulgated in 2016 or for a period of 24 years. The Carpio Morales decision was clarified on 03 November 2020 in the case of Madrio vs Baylon involving the former city mayor of Puerto Princesa, that the decision, abandoning Aguinaldo in the Carpio Morales ruling, should be given prospective and not retroactive effect.

In abandoning the Aguinaldo precedent, the Supreme Court postulated that the condoning of misconduct in public office is anathema to the provision of the 1987 Constitution, Article XI, section 1 of which provides: "Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives."

The Carpio Morales case involved the son of former vice president Jojo Binay, named Junjun Binay,  who was the mayor of Makati and who allegedly released to a construction company, supposedly under questionable circumstances, huge amounts including:  130,518,384.80 on December 15, 2010, then again, 134,470,659.64on January 19, 2011, then 92,775,202.27 on February 25, 2011, followed by 57,148,625.51 on March 28,2011 and again, 40,908,750.61 on May 3,2011 and again, the amount of  106,672,761.90 on July 7, 2011.

These huge releases in rapid successions were followed by another release of 182,325,538.97 on October 4, 2011, then another 173,132,606.91 on October 28, 2011, and still another amount of 80,408,735.20 on December 12, 2011, plus 62,878,291.81 on February 10, 2012 and 59,639,167.90 on October 01, 2012.

On September 13 2013, allegedly without the needed publication and the architectural design, Binay Jr released the amount of 32,398,220.05 followed by 30,582,629.30 on December 20, 2012. On July 4, 2013, Binay Jr released 27,443,629.97

This was allegedly in connection with the infamous Makati City Parking Building controversy. The total releases of more than 450 million within a period of seven months did not sit well with the Ombudsman, considering the alleged violations of the procurement law. This was exposed by whistleblowers and actual complainants led by one Atty. Renato Bondal.

After investigation, the Ombudsman imposed a preventive suspension on Mayor Binay Jr. His lawyers went to the Court of Appeals. The Court of Appeals issued a TRO against the suspension. The Ombudsman, Carpio Morales, elevated the matter to the Supreme Court. The Supreme Court ruled in favor of the Ombudsman and against Mayor Binay. The Aguinaldo doctrine on condonation was abandoned.

This Estela-Bernabe penned en banc decision was concurred in by Chief Justice Lourdes Sereno, and Associate Justices T de Castro, M del Castillo, M Villarama Jr, J Perez, A Reyes and M V F Leonen. Justice Lucas Bersamin issued a concurring and dissenting opinion, and the foloowing justices did not take part: P Velasco Jr, D Peralta, F Jardeleza. Justices A Brion and Mendoza were on leave.

And so, today, there is no more forgiveness when one is elected into office. The Aguinaldo doctrine has been abandoned.