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BY GLENDA SOLOGASTOA
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Saturday, October 28, 2017
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ILOILO City – Mayor Jed Patrick Mabilog will challenge at the Court of Appeals the Office of the Ombudsman’s order dismissing him from the service.
According to his legal counsel Joenar Pueblo, the Ombudsman committed “grave abuse of discretion.”
The Ombudsman found Mabilog guilty of “serious dishonesty relative to his unlawful acquisition of wealth” and ordered his sacking, citing Rule 10 (Schedule of Penalties), Section 46 (A) of the Revised Rules on Administrative Cases in the Civil Service.
It also barred Mabilog from holding public office forever.
“Nga-a i-perpetually disqualify nila ang isa ka tawo? Daw ka-unfair and unconscionable ang penalty,” said Pueblo.
Section 52a (Administrative Disabilities Inherent in Certain Penalties) of the Revised Rules on Administrative Cases in the Civil Service states: “The penalty of dismissal shall carry with it cancellation of eligibility, forfeiture of retirement benefits, perpetual disqualification from holding public office and bar (sic) from taking civil service examinations.”
Mabilog will ask the Court of Appeals to issue a temporary restraining order (TRO) on his dismissal, said Pueblo.
The mayor is currently abroad on an extended sick leave. According to the Ombudsman, he failed to explain the P8.9-million increase in his net worth from 2012 to 2013, citing the mayor’s Statement of Assets Liabilities and Net worth (SALN) on those years.
Pueblo said Mabilog actually tapped a “financial expert” on SALN to testify for him.
“That is why tanan ‘ya nga criminal cases with regards to SALN were dismissed because tanan sila naghambal nga truthful ang SALN ni Mayor Jed,” said Pueblo.
The complaint for dishonesty and grave misconduct filed by journalist and former Iloilo provincial administrator Manuel Mejoroda against Mabilog was administrative in nature.
Pueblo expressed confidence that Mabilog could successfully seek relief from the Court of Appeals.
“We are quite confident…we believe we have a very good case,” said Pueblo.
Mabilog’s lawyer also questioned one of the signatories in the Ombudsman decision – Overall Deputy Ombudsman Melchor Arthur Carandang.
“May provision sa Ombudsman law that with regards to officials of municipalities and local governments. The Ombudsman is the one who signs orders and resolutions. Wala sia may ginhambal nga deputy or overall deputy Ombudsman, only the Ombudsman,” said Pueblo.
The one who should have signed the order was Ombudsman Conchita Carpio-Morales because Mabilog was a local government officer, he stressed.
This matter alone would make the Ombudsman decision on Maiblog null and void for violating the Ombudsman law, said Pueblo.
Pueblo did not discount the possibility that the Ombudsman may have been affected by the “political milieu.”
“Akon lang ‘ni ‘ya opinion. In my 10 years of extensive experience handling Ombudsman cases, sometimes ang Ombudsman gakapaektuhan man sang political milieu. The best thing you could to is fight it legally,” he said.
Pueblo said he expected more decisions from the Ombudsman on the other cases filed against Mabilog before it.
The lawyer said he alone was handling Mabilog’s 14 Ombudsman cases.
“Damu pa ‘ni mainabot…and that is because of political milieu.
The Ombudsman made public on Thursday its ruling on Mabilog’s dishonesty and grave misconduct case a day after President Rodrigo Duterte issued a vague warning to the mayor.
“The mayor of Iloilo City, I identified him. This was broadcast. I said, ‘You are next. You’re next,” said Duterte at the commemorative session and concert program of the Association of Southeast Asian Nations Law Association in Malacañang.
According to the President, he had repeatedly warned Mabilog to cut his ties with illegal drug personalities.
August last year, Duterte accused Mabilog of being an illegal drug protector, a charge that the mayor vehemently denied./PN
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