Salubre, four others cleared of graft

CEBU, Philippines - The Office of the Ombudsman-Visayas cleared Cebu Provincial Treasurer Roy Salubre and several others for a criminal complaint for graft for allegedly issuing an “illegal and enormous” assessment notice to Ricardo Collantes for his real property taxes.

Graft investigator Antonio Yap said based on the evidence presented by the respondents they were able to refute the allegations of the complainant.

“In view of the foregoing, for insufficiency of evidence, there exists no probable cause to indict respondents for the present charges. Accordingly, instant case is hereby dismissed,” the resolution read.

Named respondents were Salubre, municipal treasurer Palma Batobalonos, local revenue collection officer Arle Valencia, all of the Provincial Treasurer’s Office and municipal treasurer Rosalina Maglasang and assistant municipal treasurer Aylin Parado of the Municipal Treasurer’s Office, Consolacion, Cebu.

Collantes, a resident of Block 9 lot 6, Adelfa Street, V & G Subdivision, Consolacion, Cebu said sometime in July 2009, he received an assessment notice and a warrant of levy from the respondents for his failure to pay their real property taxes from 1992 to 2009.

He said he entered into a compromise agreement and to pay the taxes on installment basis however, he said he was unable to pay in due time because “the amount demanded was so enormously excessive.” He said it was beyond his financial capacity.

Collantes said he asked for the reduction of the assessed amount but it was denied by the Provincial Treasurer’s Office. With that, he paid under protest the amount of P80,281.08  in order not to forfeit his house.

He likewise, said the assessed amount was “illegal or enormous” because he was assessed of back taxes for a period beyond the five-year prescription.

Under Section 270 of the Local Government Code and Article 361 of the Rules and Regulations Implementing the Local Government Code, he said his supposed assessment tax would be P21,906.31 from 2004 to 2009.

In their counter-affidavit, respondents said Collantes has been delinquent on paying his real property tax since 1992 to 2009 despite the fact that they conducted a tax campaign in V & G Subdivision.

On May 8, 2009, the respondents said they sent a notice of delinquency to the complainant and on July 10, 2009 a notice of levy and warrant of levy were sent to him which was received by his wife.

Thereafter, they said the complainant entered into a compromise agreement and will pay the assessed amount in an installment bases but failed to do so.

Because of the failure of the complainant to comply with his obligations, the respondents sent a notice of levy and warrant of levy.

Contrary to the statement of the complainant that the real property tax was “illegal or enormous”, the respondents said it was not as it was computed based on the actual amount due including the interest of the actual amount.

As to the allegation of the back taxes, the respondents said Collantes must stop in his contention because he was now barred from asserting the same considering he entered into a compromise agreement with the municipality of Consolacion through its municipal treasurer.

In his resolution, Yap said he found respondents’ evidence more weigh compared to that of the complainant.

“The issues raised by complainant were convincingly explained by respondents thereby establishing their innocence to the charges complained of and that complainant has failed to establish respondents’ commission of any violation of law,” the resolution reads.  —BRP (FREEMAN)