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City Mayor Jed Patrick E. Mabilog has turned the world of public service upside down. He has made a mockery of the Code of Ethical Standards for Public Officials by exploiting his position to grow his business interests. He is charged here for acquiring wealth "manifestly disproportionate" to his legitimate income. This is a PDF file of the graft complaint I filed before the Ombudsman.
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Graft Complaint vs. Jed Patrick Mabilog for Unexplained Wealth, Dishonesty, Grave Misconduct, Perjury
City Mayor Jed Patrick E. Mabilog has turned the world of public service upside down. He has made a mockery of the Code of Ethical Standards for Public Officials by exploiting his position to grow his business interests. He is charged here for acquiring wealth "manifestly disproportionate" to his legitimate income. This is a PDF file of the graft complaint I filed before the Ombudsman.
City Mayor Jed Patrick E. Mabilog has turned the world of public service upside down. He has made a mockery of the Code of Ethical Standards for Public Officials by exploiting his position to grow his business interests. He is charged here for acquiring wealth "manifestly disproportionate" to his legitimate income. This is a PDF file of the graft complaint I filed before the Ombudsman.
Department of Agriculture Region VII Compound Guadalupe, 6000 Cebu City September 11,2014 HON. RODOLFO ELMAN Acting Deputy Ombudsman for the Visayas OFFICE OF THE OMBUDSMAN-VisaYas Department of Agriculture Regiion 7 Compound Guadalupe, 6000 Cebu City Sir: I am filing this CRIMINAL and.A,XIMINISTRATM complaint against City Mayor JED PATRICK E. MABII-OG of Iloilo city for the following offenses: . 1. Unexplained Wealth under Section 8, Republic Act No. 3019 in relation to Section 2, Republic Act No. 1379; 2. Dishonesty; 3. Grave misconduct; 4. Ferjury as defined by Art. 183 of the Revised Fenai Code; 5. Violation of Section 3 (e) of Republic Aot No. 3019. In support of this Complaint, I have attached my eomplaint/affidavit, with its annexes, to establish the facts and circumstances to prove the commission of these offenses. Also attached is a Certificate of Non-Forum Shopping. Very truly yours, -mroRADA. No. 2 Kasoy St., Block 11 Vitrla San Lorenzo Sutrd. Lapaz,5000lloilo City Republic of the Philippines ) City of Iloilo ) S.S. SF \ x COMPLAII{T AFFIDAVIT I, MANUEL P. MEJOI{.ADA, of legal age, Filipino, maruied, and a resident of No. 2 Kasoy St.. Block 11, Villa San Lorenzo Subdivision,Lapaz,Iloilo City, after being duly sr.vom in accordance with law, do hereby state: 1. This is a CRIMII'{AL and ADMINISTI{ATM complaint against JED PATRICK E. MABILOG, incumbent City Mayor of Iloilo City, with office address at the New Iloilo city Ha1lBuilding, De la Rarna St., Iioilo City for UNEXPLAINED WEALTH as deflned under Section 8, Republic ActNo. 3019 and Section 2, Republic ActNo. 1379, DISHONESTY, GRAVE M.ISCOI{DUCT, PERJURY and other such offenses as may be detenniried by this Honorable Office; 2. This complaint is based on the Statement of Assets, Liabilities and Net Worth (SALIJ) filed by respondent Mabilog for the fiscal year ending December 31,2:013, a copy of which u'as furnished complainant by the Office of the Ombudsman-Visayas (Annex'oA" of this COMPLAIF{T), and other evidence obtained fiom various government agencies; 3. During this period, respondent Mabilog acquired properry, cash and investments in amounts rnanifestly disprorrortionate to his legitimate income as City Mayor and businessman, particularly with respect to the following: a. In his SALN fior the year ending December 3l,20l3, respondent Mabilog listed under the heading "I. Assetsj_a. BpAl Properties'" the purchase of a residential . house and lot in Molo, Iloilo City at an acquisition cost of P6 rnillion during the period covered; b. In the same SALN, under the heading "I. Assetsi b. F_ersonal Pronerties". respondent reflected the foliowing: i. "Cash and Cash Equivalents" in the amount of Y6,026,478.00; and ii. "Investments" in the amount of P2,605,i 92.55. c. Respondent reported total liabilities of P25,446,364.44. d. Based on the above information, respondent Mabilog leported his Net Worth (Total Assets less Total Liabilities) at P68,341,622.41 as of December 3 1 ,2AI3. \F< \ C< e. A comparative table in the respondent's SALN showed that his Net Wodh for the year ending December 31,2012 stood at P59,358,539.89. 1. Based on the comparative figures far 2012 and2013, the Net Worth of respondent Vlabilog increased by P8,983,082.52 in just a one-year period. g. In the space for "Business Interests and Financial Connections", respondent Mabilog listed, among others. his participation as incorporator for the foliowing corporations: i. Mega Pacific Food Services, Inc., ' ii. Globai Jami Motors Corporation, iii. Iloilo One Esplanade Realty, and iv. Iloilo Huppy Haus Donut. 4. IJNtrXPI_,AII{ED WEAT,TII a. Respondent Mabilog's Net Worlh spiked by P8,983,082.52 in just one year. i. By any standards, such an increase in wealth of a public official is grossiy or rnanifestly disproportionate to his legitimate income as a public official and businessmatl and fails squarely under the purvieu, of Section 8 of Republic Act No. 3019: 1. "Section 8. Primafctcie eyiclence of and dismiss,al dtte to rmexplained wealth. If in accordance with the provisions of Republic Act Numbered One thousand tluee hrutdred seventy-nine, a public official has been found to have acquired during his incumbency, whether in his name or in the nafile of other persoits, an amount of property and/or money manifestiy out of propofiiori to his salary and to his other lau.ful income, that fact shall be a . ground for dismissal or removal. xxx" ii. Respondent's stockhoidings and investments as indicated in his own SALN show an expost-rre of abrout P20,400,000. iii. His liabilities decreased by P126,779.97 even though he listed "Notes Payable" of P3,000,000. iv. There is no way lespondent could justifl, tire acquisition of aclditional wealth or assets that is valued at almost one half of his equity investments in business" 1. Respondent purchased a residential property rvith a lot area of 664 square meters in CASH for tire amount of SIX MILLION PESOS. b. This fact was reporled by respondent Mabilog in his SALN as having been aoquired in 2013; Attached is a certified copy of the Deed of Atrrsolute Sale executed on April 30, 2013 between the previous owners of the ploperly on the one hand and spouses Jed Patrick E. Mabilog and Ma. Victoria G. Mabilog on the other hand (,A.nnex 6(8" of this COMPLAINT) issued by the Register of Deeds for Iloilo City; Subsequent to this sale, the Register of Deeds of Iloilo City issued Transfer Certificate of Title No. 095-20140015?4 to JED PATRICK E. MABILOG, married to MA. VICTORIA G. N{ABILOG to evidence their ownership of this property described as: "A parcei of land (Lot No. 2024 of the Cadastral Surve;r of Iloilo, witir the improvernents thereon, situatecl in the Municipality of Iloilo, bounded on the NE by Lot No. 2025; on the SE,, by a ditch; on the SW, by Lot No. 2023; and on the NW, by Calle San Jose xxx"; A certified copy of the above-mentioned TCT No. 095- 2014001524 is hereto atlached as Annex "C" of tiris COMPLAINT. 2. Respondent Mabilog reported new investments amounting to P2,6A5,192.55 arnong his personal assets during the peliod covered by lris SALN ending December 31,2013; 3. Respondent Mabilog also reported an INCREASE in his "Casir and Cash Equivalents" in the amount of EIGHT HINDRED FORTY NINE THOUSAND ONE HUNDRED TEN PESOS (p849,110.00). 4. To repeat, his net worth duling this period increased by P8,983,082.52. i. "IJirexplained wealth" is defined by Section 2, Republic Act No. 1379 as any amorult of property which is manifestiy out of proporlion to the salary of a public official or employee and other legitimate income. 1. While it is true that respondent Mabilog has investments in business, his capital exposure cannot satisfactorily explain the accumulation of wealth during the period covered. a. c. \ :<< \ -k x a. No businessman can generate net income (net of expenses and taxes) of almost one half of his equity investments. b. In the case at hand, the spike in respondent's net u,orth would amount to about 45% of his declared stock equities and investments. 2. Tire job of his wit-e as Comptroller of a Canada-based corporation is not stated in respondent's SALN, but even with an executi.ve position, such increase in wealth could not be explained by her' salaries. The tax ievel for corporate compensation in Canada is high, and unless respondent can present incontrovertible proof that his rvife's income (net of taxes and living expenses) is sufficient to accumulate sr"rch wealth, the presumption under Section 2, RA 1379 works against him. s. prsHoNEsTY a. Respondent Mabilog is liable for DISHONESTY for his failure to disclose the sources of his income or ploperly explain how his wealth grew by such disproporlionate lneaslrre compared to his legitimate saiary and other income. i. As the Supreme Court held in Ombudsman versus Manuel Valencia, G.R. No 183 890, April i 3,2011, "From the above, when the statement of wealth becomes manifestly disproportionate to an employee's income or other sources of income and he lails to properly accorurt ol explain his other sources of income, he becomes liabie for Dishonesty." On the face of his SALN for the year ending December 31,2073, respondent Mabiiog could not show satisfactorily how his net worlh grew by almost Nine Million Pesos in a span of one year. i. It does not even disclose his income liom whatever sources, which is a requirement of Republic ActNo. 6713. The oniy logical conclusion that could be derived from the SALN is that lespondent Mabilog suppressed or hid information as to the sources of his income to wanant such wealth accumulation, for w-hich he should be held liable for DISHONESTY. Respondent Mabilog also reported as having outstanding bank loans in Canacla: i. For 2A12, he reported that his bank loans stood atP21,587,615.00; ii. For 2013, he reporled tirat his bark loans stood atP27,783,600.00; iii. This disclostue has doubtful integrity; b. d. \ Y \ .C\ iv. For a huge bank loan, it defies financial iogic that the decrease in the principal amount woLrld only tre about P400,000.00; v. There is more reason to suspect that this reported bank mortgage loan is spurious because in his 2007 SALN, r'espondent Mabilog already reporlecl that he had a bank mortgage in Canada for the amount of TWENTY MILLION PESOS (P20,000,000.00). 1. A copy of respondent Mabiiog's SALN for the year ending December 31,2007 is attached as Anncx "D". vi. It was also in 2007 that respondent Mabilog reported having purchased a second house in Canada, and it was for that purpose that he took or,rt a bank loan to finance the acquisition. vii. It defies logic that a bank mofigage obtained in 2007 to hnance the purchase of a house and lot would not substantially be reduced u,ith diligent and religious payments of amortizations over a period of six long years. viii. This original bank ioan in 2007 didn't only not reduce, br-rt it even . increasecl, if the 2012 and 20i3 SALN of respondent Mabilog is to be believed. ix. Respondent's act in iisting a bank loan in Canada in his 2013 SALN is rnost likely a ploy, a lie, a misrepresentation, to make it appear that his Net Worth is smalier than it really is. x. Unless he can present incontrovertible proof that this banl< loans in Canada are true and corlect, respondent Mabilog should also be held liable for DISIfONESTY based on this deception in lds SALN. ir. These circumstauces show that respondent Mabilog had the malicious intention to suppress the truth and make false statements. 6, GRAVE MTSCONDUCT a. In his SALN for the yeal ending December 31,2073, respondent reporled having financial interests in four new colporations, namely: i. MEGA PACIFIC FOOD SERVICES, INC.; ii. LOILO ONE ESPLANADE ITEALTY; iii. IOILO HAPPY HAUS DONUTS; and iv. GLOBAL JAMI MOTORS CORPORATION. . b. In an authenticated General Inlbmation Sheet (GIS) issued by the Securities and Exchange Comrnission (SEC), which is hereto attached as Annetr "ltr"_q[ r[]rie COMPLAINT, it appears that respondent Mabilog is an incorporator and s \ -< stockholder of ILOILO ONE ESPLAI"{ADE REALTY with a3AYo share of rhe capital stock. i. The same document showed that PATRICK ALAN SY or,vns another 30% of the capital stock, or 37,500 shares subscribed. ii. Both respondent Mabilog and PATRICK ALAN Sy own 60yo, or majority of the capital stock. iii. PATRICK ALAN SY is listed as the Chairman of the Boarcl of Directors and its President. 1. Mr. Sy is also an Executive Assistant in the Office of the City Mayor. 2. He was appointed to that position by respondent Mabilog. 3. Respondent Mabilog is his imrnediate superior. 4. NIt. Sy was given the designation as "Executive Assistant for Dengue Concerrs"; he is neither a medical doctor.or a nurse. 5. It is only logical to conclude that Patrick Alan Sy is a dumrny for respondent Mabilog, and he was given this appointment to allow him to enjoy a govefilment salary even if he doesn't perfomr any public duties. iv. PATRICK ALAN SY is also listed as stockholder and incorporator in MEGAPACIFIC FOOD SERVICES INC., ILOILO HAPPY I{AUS DOI{UT CORPORATION and GLOBAL JA[4I MOTORS CORPORATION. 1. Mr. SY is PRESIDENT of Global Jami Motors Corporation. 2. He is CORPORATE SECRETARy of lloiio Happy Haus Donut Corporation. c. ILOILO ONE ESFLANADE REALTY is the owner of a two-story building situated near the Molo end of a govemment project known as "ILoILo ESPLA}TADE". i. This building occupies a strategic location as it enjoys a captive market among strollers and joggers/walkers on the "Iloilo Esplanacle", considered a tourist attraction in Iloilo City ftinded from public funds. ii. It is obvious that the owller of this building accrued tremendous profits because of its vantage position. iii. Respondent Mabilog, being the loca1 chief executive of Iloilo City, took advantage of the "inside" infonlation about infrastructure projects slzrtecl to be developed in Iloilo City, and maneuvered to lease the property on which that building is now situated. :itr\ \ * iv. The SEC GIS showed that the corporation was registered on September 24, 2012, which is just about the time the "lloilo Esplanade" was inaugurated and opened to public use. v. The City Assessor's Otfice issued Tax Declaration No. 14-05-0i8-01244 covering a building owned by PATRICK ALAI{ SY/ILOILO ONE ESPLANADE ITEALTY CORF., with location of property indicated as "R. Mapa St., Barangay Tabucan, Mandurriao, Iloilo City. (A duly certified copy of this Tax Declaration is hereby attached as Annex 6(F" of this complaint) vi. A photograph of this building known as o'One Esplanade" is also attachecl as Annex "G" of this cornplaint. vii. As shown in the Tax Declaration above-mentioned, the market value of the building is ONE MILLION FIVE HLINDRED FOUR THOUS,AND TWO HUNDRED FIFTY PESOS (p1,504,250.00). 1. Did the company bonow rnoney to fund the construction of the buiiding? Or did it come from respondent Mabiiog rvho is tlie majority owner of the company? viii. Likewise, the City Assessor's Olfice issued Tax Declaration lJo. 14-05- 018-01243 registered in the narnes of Rosalinda F. Pison m/to Angel Piamonte, Victor F. Pison, Cynthia F. Pison, Donato F. Pison III, E<lgarcio F. Pison and Delia F. Pison covering a piece of land known as "Lot 3277- A-2-B-9", classified as "Residential Property". with an a1'ea of 187 sq. meters (Attached as Annex "[I" of this complaint). ix. Thus, it becomes clear that respondent Mabilog used his position --- wrongfully, illegally and immorally --- to gain financial advantage over other businessmen who might also have wanted to lease that strategicaliy- located piece of land and build a sirriiar building on the same. 1. Respondent Mabilog gave himself unwarlanted benefits trecause of his power and influence. 2. Respondent Mabilog prejudiced other businessmen because he changed the complexion of the business envirorunent in Iloilo City --- he became an active player, and the playing field was no ionger level; it was heavily tiited in his favor. Respondent Mabilog's other acts of being an incorporator/majol stockholder of ILOILO HAPPY HAUS DONUT, MEGA PACIFIC FOOD SERVICES, N'{C. and GLOBAL JAMI MOTORS CORPORATION reveal the CONFLICT OF d. :< \ GT INTEtttrST in the performance of his functions and duties as City Mayor as he broadened his business activities in Iioilo City. i. Attached are photocopies of the Genelal Infonlation Sheets (G.I.S,) on these corporations duly atithenticated by the Securities and Exchange Commission (SEC) as Annexes "I,,, *J,, and ,,K, to show that respondent Mabilog is a stockholder and investor in them. ii. Such acts also show that respondent Mabilog has a business agenda to take . advantage of his position as City Mayor for financial gain, as he is in a position to extlact favors and concessions fiom companies seeking to do business in Iloilo City during his incumbency. iii. It tnust also be highlighted that a Locai Chief Executive is a full-tirne position which requires a2417 focus on his duties and responsibilities, and his ACTIVE business engagements will distract his attention from the same. 1. His acts and behavior run counter to the NORMS OF CONDUCT for public officials under Section 4, Republic Act No. 6113. iv. Responclent Mabilog also committed GRAVE MISCONDUCT in hiring Mr. PATRICK ALAN SY as "Executive Assistant for Dengue Concerns" when in truth md in fact, Mr. Sy is a business paftner r.vith chief responsibility of running the affairs of his various businesses. 1. This act caused undue injury to the Govelnment and gave unwaffanted benefits to Mr. SY. 7. CONCLUSION Public office is a public trust and public officers must at all times be accountable to tlie people, serve them with utmost responsibility. integrity, loyalty, and efficiency, act r,vitlt patriotism and justice, and leacl modest lives.1 The acts aud demeanor of respondent Mabilog in the performance of his duties and obligations as City Mayor of iloilo City make a mockery of this Constitutional principle. As sir.cwr by his own SALN for the period ending December 31,2013, respondent Mabilog treated public office as a vehicle for private gain. He took advantage of his powerful position to accrue unwarranted benefits for himself and deprived other individuals from pursuing business opportunities because the playing field had been tilted in his favor. T'he above fucts and circumstances, supported by imefutable documentary evidence, clearly establish that the comupt activities of respondent JED PATRICK E. MABILOG 1 Francisco Duque versus Florentino Veloso, G.R. No. 196207, june L9, 2012 enabled him to accumulate wealth manifestiy disproportionate to his legitimate iircorne. The means he employed to achieve that were characterized with dishonesty and grave misconduct. He enriched himself by exploiting the public office he held, Respondent Mabilog tamished the image of public service with his acts and demeanor that ooze with graft and corruption. As the Supreme Court has held, "Greater damage (to the public service) comes with the public's perception of comrption and incompetence in the Govemment."2 The totality of his corrupt acts and clemeanor is the complete opposite of the NORMS OF CONDUCT for public officials.3 trn addition to (a) Unexplained Wealth defined under Section 8, Republic Act No. 3019 and Section 2, f{.epublic Act No. 1379, (b) Dishonesty and (c) Grave Misconduct, respondent Mabilog aiso committed the crime of Perjury as dellned under Article 183 of the Revised Penal Code, as the Statement of Assets, Liabiiities and Net Worth (SALN) for the year ending Decembel 31, 2013 was filed under oath. He also violated Section 3 (e) of Republic Act No. 3019 in the appointment of PATRICK ALAN SY as his Executive Assistant for Dengue Concems. 8. I am executing this Affidavit for the purpose of filing a CRIMINAL and ADMINSTRATM complaint against respondent JED PATRICK E. MABILOG for the offenses herein enumerated before this Honorable Olfice and to attest to tlie truthhriness of the foregoing statements. 9. Furthemrore, affiant sayeth naught. IN WITNESS WHEREOF, I have hereunto rny signature this JLtlr.day of September,2074 in Iloilo City, Philippines for Cebu City. M$ilEnronaoa C o m p la in an t/,.\ffiant ' Jero.u lapson v. Civil Service Commission, G.R. No. 1'89479, April 12,201L. 3 Section 4, Republic Act No. 6713 r- SUBSCRIBED AND SWOttN to before me this . SEP I I 2!1{ #" irrtfo City, Philippines. I hereby bertify that I have personally examined the affiant *d; ,rrklry *G}yhat he voluntarily executed and understo o d hi s complaint-affidavit. N