CA division junks ill-gotten wealth case vs Mabilog

By Jennifer P. Rendon

Honesty is the best policy.

This was the gist of the decision of the Court of Appeals’ 19^th Division when it dismissed the administrative case against former Iloilo City mayor Jed Patrick Mabilog for alleged unexplained wealth.

In 2017, after getting a series of threats and public denouncements from no less than President Rodrigo Duterte, Mabilog left the country. Up to this time, he has yet to return.

The Office of Ombudsman later found Mabilog guilty of serious dishonesty relative to his alleged unlawful acquisition of wealth. Accordingly, he was 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 barred from taking civil service examinations.

But almost four years later, the CA’s 19^th Division dismissed the administrative case that was used as basis in ousting Mabilog from office in 2017.

In a 24-page decision promulgated on June 11, 2021, the CA’s 19th Division absolved Mabilog of the accusations that he violated the law on the filing of the statement of assets, liabilities, and net worth (SALN) and amassed unexplained wealth.

The case was docketed as CA-GR SP No. 11660.

The decision penned by Associate Justice Lorenza Bordios granted Mabilog’s petition assailing the Ombudsman’s decision on Aug. 27, 2019.

It also reversed and set aside the Ombudsman’s decision for lack of merit.

Apart from Justice Bordios, Associate Justices Pamela Ann Abella Maxino (chairperson, 19th Division) and Nancy C. Rivas-Palmones signed the decision.

Mabilog was represented by Custodio, Acorda, Sicam, and De Castro Law Offices.

 

JUSTIFIED INCREASE

In his 2013 SALN, Mabilog declared that his net worth increased by P8,981,082.52.

The CA decision sided with Mabilog’s justification that the sudden increase in his net worth was due to his wife’s employment abroad.

Mabilog’s wife, Marivic, worked for 21 years and later became vice president for finance and comptroller of Terracom Geotechnique, a geodetic engineering firm based in Calgary, Alberta, Canada.

Mabilog also submitted his wife’s Income Tax and Benefit Returns (ITRB) and Tax Reassessment (TR) to prove that his increase in net worth was derived from legitimate sources.

The CA said the Ombudsman should have given credence to Marivic’s 2013 TR as it was included in Mabilog’s counter-affidavit and the anti-graft body even “saw it fit” to consider when it rendered the dismissal order against the former mayor in August 2017.

The appellate court also noted that the 2013 TR was accompanied by an affidavit of attestation dated April 10, 2017 which was executed by Marivic Mabilog. It also included a certification of authentication dated April 27, 2017 issued by the Philippine vice consul in Canada.

 

‘NO FACTUAL BASIS’

The CA also ruled that there was no substantial proof to hold Mabilog liable for serious dishonesty, noting that the former mayor openly declared in his SALN that his net worth increased by more than P8 million.

“The petitioner’s conduct in this case negates the findings of malicious intent to conceal the truth or make false statements by the agency a quo (Ombudsman). His (Mabilog) outward acts appear more consistent with an attempt to offer a sincere explanation rather than a desperate effort to conceal wrongdoing,” the decision read.

The CA also noted that the Ombudsman failed to sufficiently explain its general conclusion that Mabilog caused serious damage and grave prejudice to the government.

“In fact, it seems that to have been based solely on the amount of the petitioner’s alleged unexplained wealth. There is likewise no allegation of moral depravity, grave abuse of authority, or falsification of official documents relating to government employment. Furthermore, this case does not involve accountable property, civil service examinations and/or eligibility, or any other such circumstances. Accordingly, the finding that the petitioner was guilty of serious dishonesty lacks factual basis.”

 

VINDICATED

In his defense, Mabilog further asserted that his family was already well-off prior to his joining public office.

Mabilog’s camp also belied allegations that his wealth is disproportionate to his salary stressing that an increase in net worth does not necessarily mean an increase in income.

On his Facebook page, Mabilog hailed the dismissal of his case.

He first cited a Bible verse from John 14:6:

“God is the truth. Jesus is the way, the truth, and the Life.”

He then thanked those who stood by him.

“Always stand with the Truth and the truth will set you free!!! Thank you Father God! Sa tanan nga padayon nga nag ‘believe’ salamat gid. Sa tanan, nga nagpalagyo, nagtalikod, na nago, kag nag judge sa akon, may God have mercy on their souls!!!”  (For those who believed in me, thank you so much. For all those who fled, abandoned, hid, and judged me, may God have mercy on their souls).”