Former Iloilo councilor asks SC to strike down Mabilog clemency

Upgrade to High-Speed Internet for only ₱1499/month!

Enjoy up to 100 Mbps fiber broadband, perfect for browsing, streaming, and gaming.

Visit Suniway.ph to learn

Ex-councilor Plaridel Nava II accuses Executive Secretary Lucas Bersamin of grave abuse of discretion over former Iloilo mayor Jed Mabilog’s clemency

ILOILO CITY, Philippines – A former Iloilo City councilor filed a petition before the Supreme Court (SC) on Wednesday, February 26, seeking to nullify the executive clemency granted by Malacañang to former mayor Jed Patrick Mabilog.

The 13-page petition for certiorari and prohibition, filed by former councilor Plaridel Nava II, was received by the SC on the same day.

Nava asked the SC to declare that Executive Secretary Lucas Bersamin, a former chief justice, committed grave abuse of discretion due to an alleged “lack or excess of jurisdiction” in granting clemency to Mabilog. 

President Ferdinand Marcos Jr. granted Mabilog executive clemency on January 15, 2025, absolving him of administrative liabilities and restoring his rights to vote and hold public office.

Bersamin justified the clemency, citing Mabilog’s achievements as mayor, including governance and community development awards.

Mabilog was dismissed from office on October 23, 2017, by the Office of the Ombudsman after being found guilty of grave misconduct, serious dishonesty, and conduct prejudicial to the best interest of the service.

Assailed pardon

Nava, disbarred by the SC several years back, argued that the clemency was unconstitutional and void ab initio, saying it encroached on the ombudsman’s independence and mandate.

He also said it violated procedural due process and contravened Section 19, Article VII of the 1987 Constitution, which defines presidential clemency powers.

The ombudsman, he stressed, is a constitutionally independent, quasi-judicial body beyond presidential supervision or control.

Nava argued the chief executive cannot overturn ombudsman rulings, as they are not appealable to the Office of the President.

He cited the SC’s 1991 Llamas vs. Orbos decision, which upheld that executive clemency applies to both criminal and administrative cases.

However, he said the ruling clarified that clemency applies only to cases within the executive branch, not those ruled on by the ombudsman.

“In the Llamas case, the respondent governor (Ocampo) was dismissed by the Secretary of the Department of the Interior and Local Government who is an alter ego of the President, and not by the Office of the Ombudsman,” he said.

Railroaded?

Nava also questioned the speed of Mabilog’s clemency process.

He said the former Iloilo mayor filed a petition with the Office of the President in September 2024 to lift the administrative penalties imposed in 2017.

In less than four months, he said, the petition was granted, effectively nullifying Mabilog’s disqualification from public office.

“The lightning speed and the railroading of Mabilog’s [clemency] is not only unusual and irregular, it also violates the procedural due process of notice and hearing prior to the granting of the assailed executive clemency,” he said.

Mabilog responds

In a statement Wednesday night, Mabilog expressed confidence that the SC would dismiss Nava’s petition, saying his clemency was granted “lawfully and fairly.”

“The decision was made following established legal procedures, and I trust in the integrity and wisdom of the officials who reviewed my case,” he said.

He defended Bersamin, calling him “a man of unquestionable integrity and vast judicial experience.”

Mabilog dismissed Nava’s petition as a personal and politically motivated attack.

“A twice-disbarred individual who is no longer a lawyer, his opinions on legal matters hold no weight,” he said. “I remain committed to upholding justice and truth, and I trust that this matter will be resolved in accordance with our legal system.” – Rappler.com