The Office of the Ombudsman has found Zarraga Mayor Ma. Jofel Marañon-Soldevilla administratively liable for violating the Ease of Doing Business and Efficient Government Service Delivery Act (R.A. 11032) after she allegedly withheld a business permit renewal by imposing an additional requirement not found in the municipality’s Citizen’s Charter.

In a 15-page decision, the Ombudsman imposed on Soldevilla a fine equivalent to six months of her basic salary, payable to the Office of the Ombudsman, with a stern warning that any similar offense in the future will be dealt with more severely.

The case stemmed from a complaint filed by a local contractor, who said he submitted all required documents and paid the necessary fees for the renewal of his business permit between April 13 and April 17, 2023.

Despite completing the process, the complainant claimed that the mayor still refused to issue the permit.

It was only during a meeting with Soldevilla on July 14, 2023—almost three months later—that the complainant learned she was requiring him to submit a “list of accomplished projects from the Department of Public Works and Highways (DPWH)” before the permit could be released.

The complainant pointed out that the requirement did not appear in the Municipality of Zarraga’s Citizen’s Charter.

The Ombudsman confirmed this, citing the version of the charter in effect at the time of his application.

2023 Charter not yet in effect

In her defense, Soldevilla submitted a supplemental position paper along with a copy of the 2023 Citizen’s Charter and proof of its approval process, claiming the additional requirement was part of the “Income Statements / Income Tax Return / Financial Statement” provision.

She argued that the list of projects would serve as the basis for declaring income and identifying taxes withheld for each project.

The mayor also alleged that the “flyer” relied on by the complainant, which did not list the requirement, could have been distributed by the municipality several years ago and was no longer updated.

However, the Ombudsman noted that the 2023 Citizen’s Charter was not yet in effect when the complainant applied in April.

Records show that the Sangguniang Bayan approved the resolution adopting the new charter only on May 31, 2023, with public posting on June 1, 2023.

Violation of prescribes timeliness

The Ombudsman stressed that under R.A. 11032, government offices must process and act on simple transactions within three working days and complex transactions within seven working days.

Extensions are allowed only once, and applicants must be notified in writing of the reason and the final release date.

In this case, the complainant was not informed in writing about any extension or additional requirement.

“There being no other pleadings filed thereafter, the cases were deemed submitted for resolution. The Office finds substantial evidence to hold respondent administratively liable for Violation of R.A. 11032,” the decision read.

The mayor has the option to file a motion for reconsideration before the Ombudsman or to elevate the case to the Court of Appeals.IMT