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By Bohol Chronicle

Ombudsman Visayas ordered a two-month suspension without pay on former Carmen mayor Manuel R. Molina and municipal treasurer Fulgencio V. Paña following administrative and criminal cases filed at the Cebu office.

The decision came five months after Molina was defeated in the May polls.

With the authority of the Ombudsman Visayas' consolidated decision, the regional director of the Department of the Interior and Local Government (DILG) has been directed "to implement the aforesaid penalty … within five days from receipt thereof".

The decision was drawn out after the Ombudsman Visayas found the respondents to have "engaged in a conspiracy" as stated in a consolidated resolution.

In the resolution, the ombudsman cited Paragraph 2 (a) of Article 213 of the Revised Penal Code which refers to "illegal exaction", elaborating that "being a malhum prohibitum, no fraud or intent to defraud should be required since the mere voluntary performance of the acts enumerated therein would suffice. No damage is necessary as the mere act of demanding or collecting sums or objects different from or larger than those provided by law consummates the crime".
         
It was Raquel O. Rejas, through her counsel, Atty. Lord Marapao IV who filed a complaint at the Ombudsman Visayas as Rejas alleged "that for the year 2009, respondents added the amount of P300 for the payment of a business plate, which was collected during the renewal and issuance of mayor's permit, business license and the like.

The incident referred to was during the incumbency of former mayor Molina.

In a check made by the complainant it was disclosed that no ordinance was ever enacted or approved authorizing such collection as can be gleaned from a certification dated February 27, 2009 issued by the Sangguniang Panlalawigan.

At this juncture, the respondents published an announcement admitting an error on the collection of the business plate fee and ordered the refund of the P300 to those who have paid the same.

In her comments and observation dated Oct. 22, 2009, State Auditor II Pablita C. Abellana confirmed that the Office of the Municipal Treasurer of Carmen collected business plates as additional taxes without authority or approved ordinance, in violation of Sections 129, 132 and 305 of R.A. 7160.

Abellana stated further that "in March 2009, management drew a cash advance of P110,700 for the refund of the taxes received. However, only P107,100 at P300 per taxpayer was paid."

At the height of the complaint, both respondents denied the allegations.

Molina grounded the argument that "the collection of taxes is not one of his functions" and pointed the same to the respondent municipal treasurer.

Paña argued that "his job was only to process applications of a mayor's business permit and to collect through his revenue collectors the usual fees and charges, afterwards the applications are forwarded to the office of the mayor", and averred further that "it is beyond him to question the wisdom or rationale of the mayor."

In its consolidated decision, the ombudsman pointed out that "it appears that a local version of renvoi is happening between the respondents wherein both of them is trying to toss the blame on each other as far as the collection of additional P300 as payment for the so called business plates from taxpayers of the municipality…The records will however show otherwise".

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