CASE 2019-0001: JOSE T. VILLAROSA ET AL VS.

THE HONORABLE
OMBUDSMAN ET AL (G.R. NO. 221418, 01 FEB 2019, PERALTA J.)
SUBJECT/S: TECHNICAL MALVERSATION; MANIFEST PARTIALITY,
GROSS NEGLIGENCE (BRIEF TITLE: VILLAROSA VS OMBUDSMAN)

DISPOSITIVE:

“WHEREFORE, the Petition for Certiorari under Rule 65 of the Rules of

Court dated December 1, 2015 of petitioners Jose T. Villarosa, Carlita T.
Cajayon and Pablo I. Alvaro is PARTLY GRANTED. The Joint Resolution
dated March 23, 2015 and Order dated July 29, 2015 of the Office of the
Ombudsman are AFFIRMED only insofar as its finding of probable cause
against petitioners for the crime of Technical Malversation.

SO ORDERED.”

SUBJECTS/DOCTRINES/DIGEST:

WHAT ARE THE THREE ELEMENTS OF THE CRIME OF TECHNICAL

MARVERSATION?

THE 3 ELEMENTS ARE:

(A) THAT THE OFFENDER IS AN ACCOUNTABLE PUBLIC OFFICER;

(B) THAT HE APPLIES PUBLIC FUNDS OR PROPERTY UNDER HIS
ADMINISTRATION TO SOME PUBLIC USE; AND

( C) THAT THE PUBLIC USE FOR WHICH SUCH FUNDS OR PROPERTY

WERE APPLIED IS DIFFERENT FROM THE PURPOSE FOR WHICH THEY
WERE ORIGINALLY APPROPRIATED BY LAW OR ORDINANCE.

ACCORDING TO THE OMBUDSMAN TECHNICAL MALVERSATION

RESULTED IN THE USE OF FUNDS TO THE DISADVANTAGE OF THE
FARMERS AND IN FAVOR OF OTHER CONCERNS OF THE PETITIONERS
THUS THERE WAS MANIFEST IMPARTIALITY. IS IS CORRECT?

WRONG.

ACCORDING TO THE SUPREME COURT:

“For an act to be considered as exhibiting “manifest partiality,” there must

be a showing of a clear, notorious or plain inclination or predilection to
favor one side rather than the other.32 “Partiality” is synonymous with
“bias” which “excites a disposition to see and report matters as they are
wished for rather than as they are.”