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MANILA - The Supreme Court on Wednesday partially granted the petition for certiorari and prohibition of the Ombudsman against the resolutions of the Court of Appeals Sixth Division, granting then Makati Major Junjun Binay's prayer for restraint order against the Ombudsman's preventive suspension order.

The Court also ruled that the second paragraph of Section 14, Republic Act 6770 or The Ombudsman Act of 1989 is deemed unconstitutional.

The paragraph reads: "No court shall hear any appeal or application for remedy against the decision or findings of the Ombudsman, except the Supreme Court, on pure question of law."

The Supreme Court also ruled: "While the policy for injuctive writs by the courts other than the Supreme Court to enjoin an investigation conducted by the Office of the Ombudsman, under the first paragraph of the said provision, is declared ineffective until the court accepts the same as part of the rules of procedure through an administrative circular."

The High Court also abandoned the condonation doctrine, which is used by elected officials in evading administrative liability for acts committed during their previous terms in office.

The SC, however, said the abandonment is prospective in effect.

The Court of Appeals is also ordered to act on Binay's petition for certiorari "in light of the Ombudsman's supervening issuance of its joint decision dated October 9, 2015 finding Binay administratively liable in the six administarive complaints..."

The CA is also ordered to rule on Binay's petition for contempt against the Ombudsman after the latter submits its comment.

ANC, November 11, 2015