Back

Villarosa vs. People [CONCURRING OPINION, CAGUIOA, J.]

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

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

CONCURRING OPINION

CAGUIOA, J.:

I concur with the ponencia that the accused-petitioner should be acquitted. A violation of a law that is not penal in nature does not, as it cannot, automatically translate into a violation of Section 3(e) of Republic Act No. (RA) 3019.

Brief review of the facts

The accused-petitioner, Jose Tapales Villarosa (Villarosa), was the Mayor of the Municipality of San Jose, Occidental Mindoro. Believing, albeit erroneously, that he had the power to do so, Villarosa issued extraction permits to a number of quarry operators in the area. Before issuing a permit, however, the Office of the Municipal Environment...