The Court of Appeals (CA) junked the administrative case against former Iloilo City mayor Jed Patrick Mabilog over his alleged unexplained wealth.

In a 22-page decision promulgated on June 11, 2021, the CA’s 19th Division “granted” Mabilog’s petition assailing the Ombudsman’s decision finding him guilty of serious dishonesty.

“The Decision dated 29 August 2017, as well as the Joint Order dated 08 February 2018, rendered by the Office of the Ombudsman in OMB-V-1-14-0460 are reversed and set aside, and the administrative complaint against the petitioner Jed Patrick E. Mabilog is dismissed for lack of merit,” the dispositive portion of the decision penned by Associate Justice Lorenza Bordios read.

The Office of Ombudsman found Mabilog guilty of serious dishonesty. The case, filed by former Provincial Administrator Manuel Mejorada, involved the unexplained P8.9-million increase in Mabilog’s net worth from 2012 to 2013.

The former mayor was eventually dismissed from service with cancellation of civil service eligibility, forfeiture of retirement benefits, and perpetual disqualification from holding office.

For security reasons, Mabilog, together with his wife Marivic and their children, left the country. He was accused by President Rodrigo Duterte of protecting drug lords.

The CA sided with Mabilog when he justified that the increase in his net worth by P8,981,082.52 within a span of one year based on his 2013 SALN (statement of assets, liabilities, and net worth) was due to his wife’s income who was working in Canada.

Marivic was working for 21 years and later became vice president for finance and comptroller of Terracom Geotechnique, a geodetic engineering firm based in Calgary, Alberta, Canada.

The former mayor submitted his wife’s Income Tax and Benefit Returns (ITRB) and Tax Reassessment (TR), which the Ombudsman disregarded for lack of authentication.

The CA noted that the 2013 TR were accompanied by an affidavit of attestation executed by Mabilog’s wife and a certificate of authentication issued by the Philippine vice-consul in Canada.

According to the appellate court, even if it was true that the 2013 TR had not been fully authenticated, “it must be remembered that administrative agencies are not bound by the technical rules of procedure.”

“Rules of procedure and evidence are relaxed in order to assist the parties in obtaining a just, speedy and inexpensive determination of their respective claims and defenses,” it said.

“Thus, the agency a quo should have given due credence to the petitioner’s wife’s 2013 TR and, on the basis thereof, reversed its assailed Decision dated 29 August 2017 instead of affirming it in the assailed Joint Order dated 08 February 2018,” it added.

“Thus, the agency a quo should have given credence to the petitioner’s wife’s 2013 TR and on the basis thereof, reversed its assailed Decision dated 29 August 2017 instead of affirming it in the assailed Joint Order dated 08 February 2018,” the CA added.

The court stressed that the qualifying circumstances of serious dishonesty have not been established.

“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. His outward acts appear more consistent with an attempt to offer a sincere explanation rather than a desperate effort to conceal wrongdoing,” it said.

It added that the finding of serious damaged and grave prejudice to the government was a general conclusion that was not sufficiently explained by the agency a quo.

“In fact, it seems 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,” the CA said.

“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.”

In a Facebook post, Mabilog thanked those who believed in 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!!!” he wrote.IMT