The Manila Metropolitan Trial Court Branch 14 has found Rolando Bohol, Chairman of Barangay 375, Zone 38, District III, of Manila, guilty of violation of Section 7(d) of the Code of Conduct and Ethical Standards for Public Officials and Employees (Republic Act No. 6713).
Bohol was indicted on the basis of the complaint filed by the owner of Aljon Trading who alleged that the accused demanded and received P50,000.00 on 16 December 2010 as “commission” for projects awarded to Aljon.
Ombudsman prosecutors presented Allan Garcia of Aljon, who testified that after completing the delivery of supplies and materials to the barangay, Bohol, refused to process the disbursement voucher and check representing the payment to the contractor. It was only upon payment of the commission to Bohol that Aljon received its check on 28 January 2011.
During the trial, an affidavit of desistance was executed by Garcia recanting his earlier testimony, apologizing to the court and to the Office of the Ombudsman “for the inconvenience.”
In a 15-page Decision, the court stated that “with the sequence of events, it points to the conclusion that accused indeed directly requested or demanded from the private complainant a share or commission in the subject transaction prior to his approval of the covering disbursement voucher, which act was made in the course of his official duties, as he is the approving officer thereof. Private complainant would really have no option but to succumb to the demand, lest he remain unpaid for the purchases already delivered to the barangay. Thus, to the mind of this Court, the liability of the accused for the offense charged attaches.”
Judge Carolina Esguerra gave no credence to Garcia’s desistance and ruled that the “retraction is an afterthought which should not be given probative value. It would be a dangerous rule to reject the testimony taken before the court of justice simply because the witness who has given it, later on changed his mind for one reason or another.”
Bohol was sentenced to pay a fine of P5,000.00 with subsidiary imprisonment in case of insolvency, and ordered to indemnify private complainant Aljon Trading the amount of P50,000.00.
Under R.A. No. 6713, government officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office. ###