Mabilog to appeal ‘unfair, harsh’ dismissal

ILOILO CITY, Philippines — Calling it absurd and unfair, the camp of Mayor Jed Patrick Mabilog yesterday vowed to appeal the decision of the Office of the Ombudsman ordering the mayor’s dismissal.

Lawyer Joenar Pueblo, Mabilog’s legal counsel, said they would file a petition for certiorari under Rule 65 of the Revised Rules of Court, with a prayer for temporary restraining order (TRO) before the Court of Appeals. Pueblo said he is expected to file the petition by Oct. 30 or Nov. 2.

The ombudsman said the dismissal order is immediately executory.

“The ombudsman directed the DILG (Department of the Interior and Local Government) to immediately implement the dismissal order against Mayor Mabilog,” said the ombudsman in a Twitter post yesterday.

Malacañang also ordered the DILG to implement the ombudsman’s dismissal order against Mabilog.

“(The DILG) would implement the dismissal order of Iloilo City Mayor Jed Patrick Mabilog once it receives the official copy of the decision from the Office of the Ombudsman,” presidential spokesman Ernesto Abella said.

An official from the DILG, who spoke on condition of anonymity, said yesterday their legal division will draft the appropriate recommendation to their regional office.

“We have yet to receive an update from our legal department if they already have a copy of the order,” the official said in a phone interview.

Chief Supt. Cesar Hawthorne Binag, director of Western Visayas police, said in a text message the regional director of DILG will implement the order.

Pueblo noted that the case filed by former Iloilo provincial administrator Manuel Mejorada was based on Mabilog’s statement of assets, liabilities and net worth or SALN.

However, “the ombudsman said that Mayor Mabilog’s SALN was factual, truthful,” he said.

Apparently, for Pueblo, it was the Canada Bank loan that did it for the mayor.

In the decision, it is stated that, “further, the charge of dishonesty relative to the assertion that respondent’s loan in a bank in Canada is spurious is dismissed. Save for its claim that the principal amount of the said loan would only decrease by about P400,000 after a year defies financial logic, complainant did not receive proof to substantiate its said claim.”

“Defies financial logic? It was not even stated what were their basis in saying that it defies financial logic,” he said.

Pueblo said the ombudsman did not cite an expert opinion why the Canada bank loan defies financial logic.

As such, he said that they are confident that they have a good case.

Pueblo also questioned the harsh decision of perpetual dismissal from public service.

Given that Mabilog is a “first-time” offender and that the case was just simple dishonesty, Mabilog’s lawyer said that they could have meted the penalty of suspension or dismissal.

“But not perpetual disqualification from holding public office. Maski janitor sa government office, hindi na siya mabaton,” he added.

As such, “if you dismissed an official based on the opinion of a lone person, you’ve got to be kidding me. He was elected by a majority of the Ilonggos,” he added.

Pueblo said they would also question why Mechor Arthur Carandang, the overall deputy ombudsman (ODO), signed the approval of the decision.

Under the Ombudsman Law, the ombudsman, and not the ODO, should sign the order in the case of municipal or local government unit.

As such, it should not be Carandang but Ombudsman Conchita Carpio-Morales who should have signed the order, Pueblo said.

“Because of that, the decision should be declared null and void,” he added.

When asked if the decision was manipulated given that Mabilog was on the “other side of the defense,” Pueblo said that while they can’t say it’s manipulated, it was clearly unfair.

“The ombudsman committed a grave abuse of discretion,” he added.

The Office of the Ombudsman has ordered Mabilog’s dismissal for unexplained wealth.

In a 13-page decision, Mabilog was found guilty of “serious dishonesty relative to his unlawful acquisition of wealth. Accordingly, he is meted the penalty of dismissal from the service with cancellation of civil service eligibility, forfeiture of retirement benefits, perpetual disqualification from holding public office and bar from taking civil service examination.”

Dishonest but no grave misconduct

Former Iloilo provincial administrator Manuel Mejorada filed charges against Mabilog under OMB-V-A-14-0460 for dishonesty and grave misconduct in September 2014.

But the charge of grave misconduct against Mabilog for the appointment of his business partner, Patrick Allan Sy, as his executive assistant for dengue concerns and his alleged use of his position to gain financial advantage through Iloilo One Esplanade, a business where the mayor is incorporator and stockholder, was dismissed for lack of evidence.

In his affidavit, Mejorada based his complaint on Mabilog’s SALN.

The complainant alleged that the increase of almost P9 million of respondent’s net worth was “manifestly disproportionate” to his income as a public official and constitutes “unexplained wealth” within the purview of Republic Act 1379.

RA 1379 is “An Act Declaring Forfeiture in Favor of the State Any Property Found to have been Unlawfully Acquired by Any Public Officer or Employee and Providing for the Proceedings Therefore.”

In his 2013 SALN, Mabilog reported the following assets:

1. Purchase of residential lot amounting to P6 million;

2. Investments in the amount of P2,605,192.55; and 

3. Cash and cash equivalents in the amount of P6,026,478.

Mabilog’s 2013 SALN showed a net worth of P68,341,622.50.

In his 2012 SALN, he reported a net worth of P59,358,539.89.

Thus, within one year, Mabilog’s net worth increased by P8,938,082.52.

Mejorada asserted that even with Mabilog’s business investments, the latter cannot satisfactorily explain his cash purchase of the 664-square meter residential property, acquisition of new investments and increase in cash and cash equivalents in 2013.

“No businessman can generate a net income of almost one-half of his equity investments as in respondent’s case, where his net worth amounted to 45 percent of his declared stock equities and investments,” he added.

Mejorada also noted that Mabilog did not state in his SALN his wife’s work as a comptroller in Canada.

Even then, the complainant said that Mabilog’s wife’s salary cannot explain the increase in respondent’s net worth since the tax level for corporate compensation in Canada is high, “unless respondent can present proof that his wife’s income is sufficient to accumulate wealth.”

In his 2012 SALN, Mejorada noted that Mabilog reported a bank loan in Canada for P21,587,615, which stood at P21,183,600 in his 2013 SALN.

The decrease, the complainant noted, defies financial logic, especially that the loan was incurred in 2007.

Mejorada believed that the loan is just a ploy to make it appear that respondent’s net worth was smaller than it really was, for it was impossible that a bank loan obtained in 2007 has not been reduced, but had even increased.

Mejorada also noted that Mabilog has financial interests in Mega Pacific Food Services Inc., One Esplanade Realty, Iloilo Happy Haus Donuts and Globe Jami Motors Corp.

But in his counter-affidavit, Mabilog denied the charges for being malicious and considered as conjectural the allegation that his wealth was manifestly disproportionate to his income.

He explained that his family was already deemed financially well off prior to his joining public office.

For at least 20 years, Mabilog said his wife was a comptroller of a Canada-based company with an average annual income of about Canadian $200,000 as shown in her income tax returns from 2007-2009.

His wife’s salary alone, he added, would allow them to live a good life.

Allies, rivals saddened

Allies and even political rivals were saddened by the order of the ombudsman dismissing Mabilog.

Councilor Plaridel Nava, who had a widely publicized falling out with Mabilog, said that he was saddened by the latter’s dismissal.

“I am saddened despite the fact that I had my own share of conflict and fights with Mayor Mabilog. But I cannot disregard the fact that I also care for the mayor,” he said.

Councilor Joshua Alim sympathized with Mabilog.

Alim, a lawyer, said that Mabilog would surely seek all possible legal remedies to counter the dismissal order, or it would mean the end of his political career.

Meanwhile, city administrator Hernando Galvez, whom Mabilog appointed to office in July 2016, said he was alarmed and saddened.

“As a lawyer you will always be looking at the legal process to know what will happen next,” Galvez said. 

Meanwhile, Jeck Conlu, head of Public Safety and Transportation Management Office, said he was not happy with the ombudsman’s decision.

But Conlu is optimistic that the mayor’s legal team is ready to answer the allegations and elevate the case to the court concerned.

Mejorada said the decision was a vindication on his part.

Acting Iloilo City Mayor Jose Espinosa III refused to comment since he has not yet studied the latest decision on Mabilog.

Espinosa, who has been running the city since September, is neither sympathetic nor happy. He justified his “neutral reaction” to his lack of knowledge on the case.

On Thursday, Mabilog was ordered dismissed by the ombudsman in a case filed by Mejorada three years ago.

Mabilog was found guilty of serious dishonesty over his alleged unexplained wealth but the charge of grave misconduct was dismissed for lack of sufficient evidence. – With Christina Mendez, Emmanuel Tupas