Ex-Bohol mayor convicted for collecting illegal fees

MANILA, Philippines — Former mayor Manuel Molina of Carmen, Bohol has been convicted by the Sandiganbayan for illegally collecting fees totaling P110,700 from business permit applicants in 2009.

The Sandiganbayan’s Second Division said Molina and former municipal treasurer Fulgencion Paña were found guilty of illegal exaction under Article 213 of the Revised Penal Code. 

With the refund of the collected amount, the court ordered Molina and Paña to pay a fine of only P10,000 each.

Filed by the Office of the Ombudsman in 2010, the case stemmed from the collection of an additional P300 from applicants  for the supposed business plates to be issued to businessmen.

The ombudsman said Molina and Paña collected the additional fees despite the absence of a municipal ordinance authorizing the collection.

In convicting the two former officials, the second division cited Molina’s admission in his counter-affidavit that the excess fee had been collected and that he approved a disbursement voucher, which paved way for the refund of the collected amount.

“That demand was made under a mantle of authority was unmistakably shown by the certified true copy of more than 420 official receipts compiled and proferred by the prosecution, reflecting the amount of P300 for the business plate which was made part of the collection,” the court ruling issued on May 31 read.

The court found no weight on Molina’s defense that he had no hand in the collection of the illegal fees, noting that the business plates bear his image and signature.

“It is precisely on the basis of such power of general supervision and control that it would be bordering on the unlikely that the business plates patently bearing his image and signature could be procured and distributed without his consent or knowledge and the resultant cost... borne by taxpayers,” the Sandiganbayan said.