By Gerome Dalipe IV
The Supreme Court (SC) has been asked to nullify the executive clemency granted to former Iloilo City Mayor Jed Patrick Mabilog, but his legal team insists the pardon is constitutional.
Lawyer Jeric Jucaban, representing Mabilog, said the President’s power to grant clemency is firmly grounded in the 1987 Constitution.
“There is no constitutional provision that excludes administrative dismissals by the Ombudsman from the scope of executive clemency,” Jucaban said, dismissing claims that the pardon was legally questionable.
He added that any legal challenge should be based on a proper interpretation of the law, not selective readings of jurisprudence.
A 15-page certiorari petition filed before the SC argues that the clemency violates the 1987 Constitution by encroaching on the independent mandate of the Office of the Ombudsman.
The petition calls the pardon “unconstitutional and void ab initio,” asserting that it undermines the authority of a constitutionally independent body.
It also questions the legality of overturning the Ombudsman’s Oct. 23, 2017, ruling, which dismissed Mabilog from service and imposed a perpetual disqualification from holding public office.
The petition claims that the executive clemency effectively nullifies this decision, obstructing the proper administration of justice.
It also criticizes the clemency for lacking procedural safeguards, arguing that the President’s power to grant pardons cannot be extended to administrative dismissals without explicit statutory authority.
Executive Secretary Lucas Bersamin, who approved the clemency, previously defended the decision by citing Mabilog’s achievements in Iloilo City.
Palace officials said the clemency not only restores Mabilog’s political rights but also recognizes his contributions to good governance, transparency, and anti-drug campaigns.
