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[av_heading heading=’ Jed loses bid to reverse dismissal ‘ tag=’h3′ style=’blockquote modern-quote’ size=’30’ subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=” av-medium-font-size-title=” av-small-font-size-title=” av-mini-font-size-title=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]
BY GLENDA SOLOGASTOA and PRINCE GOLEZ
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Tuesday, November 21, 2017
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MANILA â The Court of Appeals (CA) has affirmed the dismissal of former Iloilo City mayor Jed Patrick Mabilog from government service for unexplained wealth.
In a four-page decision penned by Associate Justice Ramon Paul Hernando, the CAâs 1st Division said Mabilogâs petition lacked merit.
âThe instant Petition for Certiorari with prayer for a Temporary Restraining Order / Writ of Preliminary Injunction is dismissed,â the CA stated in a resolution dated Nov. 4.
Mabilog used the wrong mode of appeal, according to the CA. He invoked Rule 65 of the Rules of Court, which was a petition of certiorari instead of filing a petition for review under Rule 43.
âIt is settled that appeals from decisions of the Office of the Ombudsman in administrative disciplinary cases should be elevated to the Court of Appeals via a petition for review under Rule 43 of the Rules of Court,â according to  the CA.
On Oct. 6, the Ombudsman found Mabilog guilty of âserious dishonestyâ relative to his âunlawful acquisition of wealth.â
According to the CA, Mabilogâs case did not fall under administrative cases âthat have become final and un-appealableâ and criminal cases âinvolving the Office of the Ombudsmanâs determination of probable cause during preliminary investigation.â
Mabilogâs legal counsel, Joenar Pueblo, declined to comment on the ruling but said the former mayor was exploring another legal âremedy.â
The CA resolution was concurred by Acting Presiding Justice Remedios Salazar-Fernando and Justice Zenaida Galapate-Laguilles.
The former city mayor failed to explain how his income grew from P59.4 million to P68.3 million in one year (from 2012 to 2013), according to the Ombudsman.
Mabilog was also slapped with the following accessory penalties:
* cancellation of civil service eligibility
* forfeiture of retirement benefits
* prohibition from taking civil service examinations.
The complaint against Mabilog was filed by journalist and former Iloilo provincial administrator Manuel Mejorada in 2015. He claimed the increase in the mayorâs wealth was âgrossly disproportionate to his legitimate income as a public official and businessman.â
In August 2016, President Rodrigo Duterte tagged Mabilog an illegal drugs protector, a charge that the former city mayor denied.
The Palace welcomed the CAâs rejection of Mabilogâs appeal.
âThatâs a judicial affirmation which we respect and we agree with,â said Presidential Spokesperson Harry Roque./PN
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