CAN a municipal mayor issue a permit for his own business establishment without breaking the law?
He certainly can, according to the Sandiganbayan Fourth Division, provided that the business entity is entitled to such a permit and that the normal process is observed without undue intervention from the local chief executive.
In its resolution dated November 18, 2022, the anti-graft court granted the demurrer to evidence filed by former Moises Padilla, Negros Occidental mayor Francisco Nazareno, acquitting him on two counts of graft for lack of evidence.
The court said the evidence presented by the prosecution failed to show any abuse of influence or authority on the part of Nazareno.
Based on two separate information filed by the Office of the Ombudsman in 2020, Nazareno allegedly intervened in his official capacity to secure business permits for JF Merchandise that was registered in his name and JUCO Enterprises that was registered in the name of his wife.
Nazareno admitted ownership of the establishments but pointed out that both have been existing and operating long before he became mayor.
He also argued that the issuance of a mayor’s permit is a ministerial function of the office as the evaluation process prior to the approval is conducted by the municipal government inspectors.
While affirming that the information filed sufficiently stated the allegations and the nature of the offense leveled against Nazareno, the Sandiganbayan held that the evidence only established that it was Nazareno who issued the permits.
“No evidence has been presented to show that the said permits were irregular, that the entities in question were not entitled thereto, and that accused unduly intervened in his official capacity to have said permit issued,” it noted.
It said issuing permits is an official function and the defendant cannot be penalized for performing his duty and functions as mayor.
“After all, it is the dominant use of influence, authority, and power that the said law aims to curtail,” the Sandiganbayan added.
