Tuesday 12 December, 2017
Powered by Ajaxy

Ambilis naman! CA affirms Mabilog’s dismissal

Barely a month after he was dismissed by the Ombudsman on October 6, the Court of Appeals (CA) has thrown out the appeal of Iloilo City Mayor Jed Mabilog on a technicality.

In a recent 4-page resolution penned by Associate Justice Ramon Paul Hernando, the Special 1st Division said Mabilog availed of the wrong mode of appealing the Ombudsman’s administrative sanction over his alleged hidden wealth.

The CA said Mabilog should have filed a petition for review on certiorari under Rule 43 of the Rules of Court, instead of a petition for certiorari under Rule 65.

“Mabilog’s case, involving as it does an administrative charge resulting in his dismissal from service, does not fall under any of the foregoing circumstance. As the current petition for certiorari is concededly an erroneous mode of review, its dismissal is in order,” the court said.

“That appeals from decisions of the Office of the Ombudsman in administrative disciplinary cases should be taken to the Court of Appeals by way of a petition for review under Rule 43 has been settled as early as the 1998 ruling of the Supreme Court in Fabian v Desierto,” read the resolution.

The Ombudsman had found Mabilog guilty of serious dishonesty, three weeks before President Rodrigo Duterte on Oct. 25 openly threatened Mabilog: “You’re next.”

The administrative sanction arose from Mabilog’s failure to explain why his declared wealth by P8.98 million between 2012 and 2013.

President Duterte had accused Mabilog, a relative of Liberal Party Senator Franklin Drilon, numerous times of being a narcopolitician.

Copyright © 2017 Abogado - www.abogado.com.ph