By Joseph Bernard A. Marzan
The camp of former Iloilo City Mayor Jed Patrick Mabilog defended the clemency granted to him by President Ferdinand Marcos Jr. on Jan. 31, following allegations that the move was not in line with the law.
Mabilog’s lawyer, Jeric Jucaban, emphasized that the President’s power to grant pardons is enshrined in the 1987 Constitution and cannot be restricted by any law.
“The President’s authority to grant clemency is explicitly stated in the Constitution, and only the Constitution itself can impose limitations on this power,” Jucaban said in a statement released via his personal Facebook account.
He clarified that the Constitution only limits clemency in cases of impeachment, certain election offenses, and amnesty grants, while also specifying the stage at which clemency can be granted.
“Nowhere in the Constitution does it prohibit the President from granting clemency to individuals whose cases were decided by the Office of the Ombudsman. To argue otherwise is like inserting a provision that simply does not exist,” Jucaban added.
Jucaban also addressed claims that the President failed to provide notice to opposing parties before granting clemency.
He cited the Supreme Court decision in Llamas v. Executive Secretary, which held that “notice is not necessary” before granting clemency because it is a private, though official, act meant for the beneficiary.
“We remain confident that the judiciary will respect the separation of powers between branches of government and fairly assess this matter based on established legal principles,” Jucaban said.
This comes after one of Mabilog’s critics suggested filing a legal challenge to the clemency, arguing that administrative cases were excluded from presidential clemency.
A Jan. 15, 2025, resolution signed by Executive Secretary Lucas Bersamin invoked the Llamas v. Orbos case, which established that the President’s pardoning powers extend to administrative cases.
Mabilog faced administrative penalties, including removal from office by the Office of the Ombudsman in October 2017.
On Friday, Mabilog thanked Marcos Jr. for granting him clemency, despite having supported then-Vice President Leni Robredo in the 2022 presidential election.
“I would like to express my gratitude to President Ferdinand ‘Bongbong’ Marcos Jr. for granting me executive clemency,” Mabilog wrote in a Facebook post.
“Despite the fact that I campaigned for Leni-Kiko in the last elections—because of my difficult situation over the past seven years—he still chose to grant me clemency,” he added.
Mabilog described Marcos Jr. as a “great and mature leader” who prioritizes merit over political affiliations. He pledged his support for the President’s programs moving forward.
