VANCOUVER, Canada”•Iloilo City Mayor Jed Patrick Mabilog, whose petition to reverse his dismissal by the Ombudsman was dismissed by the Court of Appeals, is seeking asylum in Canada.
The Ombudsman found him guilty of serious dishonesty after he failed to explain his questionable wealth worth P8.9 million from 2012 to 2013.
President Rodrigo Duterte has also tagged the mayor as linked to illegal drugs, an allegation Mabilog vehemently denied.
The Court of Appeals junked Mabilog’s petition to reverse the Office of the Ombudsman’s decision removing him from his post over allegations of ill-gotten wealth”•how his wealth grew from 2012 to 2013.
The CA Special First Division, basing its ruling on a technicality, said Mabilog took the wrong mode of appeal in connection with the dismissal order approved by Overall Deputy Ombudsman Melchor Arthur Carandang on Oct. 6.
The former mayor invoked Rule 65 of the Rules of Court, which is normally used to question lower court orders and government actions before the Supreme Court, instead of Rule 43 which provides that appeals from Ombudsman decisions in administrative disciplinary cases should be taken to the CA.
“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 CA said in a resolution dated Nov. 3.
Associate Justice Ramon Paul Hernando penned the resolution, concurred in by Acting Presiding Justice Remedios Salazar-Fernando and Justice Zenaida Galapate-Laguilles.
His Statement of Assets, Liabilities, and Net Worth in 2013 showed an P8.9-million increase from his 2012 records, or from P59.4 million to P68.3 million.
Malacañang on Monday said it respected the ruling of the appellate court to dismiss Mabilog from government service.
“Well, of course, that’s an affirmation of the earlier decision of the Ombudsman dismissing Mabilog from the service,” Presidential Spokesman Harry Roque said.
“That’s a judicial affirmation which we respect and we agree with,” he added.
This reporter [Robbie Pangilinan] had coffee with a kababayan of the mayor, who he said lost a lot of weight and was somewhat unrecognizable with his present appearance.
“He fears for his life. He is here because he knows he can seek asylum here. He and his family are safer here than in the Philippines,” said the kababayan, who is residing in this country.
Individuals can claim asylum at a port of entry in Canada, from a Canada Border Services Agency inland office or an Immigration, Refugees and Citizenship Canada inland office where officials would determine if the individual was eligible to make an asylum claim.
If the claim is eligible, it will be referred to the Refugee Protection Division of the Immigration and Refugee Board of Canada for a hearing.
In making its decisions, the IRB considers whether the claimant meets the United Nations definition of a Convention refugee, which has been adopted into Canadian law, or is a person in need of protection. Under the Immigration and Refugee Protection Act, every person who wants to enter Canada must appear for an examination at a port of entry in order for government officials to determine whether that person has a right to enter Canada, or if the individual may become authorized to enter and remain in Canada.
Mabilog left the country Aug. 30 for an official trip to Japan and Malaysia, and filed a sick leave to seek medical treatment abroad in September, extending his leave to October.
As he was not around when the dismissal order was served by Department of the Interior and Local Government regional director Anthony Loida, the dismissal order was posted outside Mabilog’s office.
The Ombudsman also meted out the accessory penalties of cancellation of civil service eligibility, forfeiture of retirement benefits, and perpetual disqualification from holding office.
Vice Mayor Jose Espinosa III had taken his oath as the new city mayor, while City Councilor Jeffrey Gansol takes Espinosa’s position.
