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Villarosa vs. People [DISSENTING OPINION, PERLAS-BERNABE, J.]

JOSE TAPALES VILLAROSA, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

G.R. Nos. 233155-63 | 2020-06-23

DISSENTING OPINION

PERLAS-BERNABE, J.:

I dissent.

A municipal mayor who effectively usurps the functions of a provincial governor based on the flimsy and convenient excuse that he mistakenly understood the applicable provisions of the Local Government Code (LGC)[1] despite their clear and straightforward nature commits "gross inexcusable negligence" and hence, should be held criminally liable for violation of Section 3 (e) of Republic Act No. (RA) 3019.[2]

To be sure, "gross inexcusable negligence" is one of the three (3) recognized modes of committing a violation of Section 3 (e) of RA 3019. The other two (2)...