Ex-lawmaker Jose Villarosa arrested over graft, technical malversation

The National Bureau of Investigation (NBI) has arrested former Occidental Mindoro Rep. Jose Villarosa for cases of graft and technical malversation in connection with the alleged misuse of trust fund amounting almost P3 million during his term as a mayor of San Jose town.

In a compliance/return of warrant report submitted to the Sandiganbayan Fourth Division, NBI Special Investigator Richard Sison said a team from the NBI Regional Office IV-B apprehended Villarosa inside the premises of the Philippine Ports Authority (PPA) in Calapan City in Oriental Mindoro on Wednesday, January 6, at around 4 p.m.

Sison said Villarosa “peacefully surrendered” to the NBI team during the arrest and was immediately brought to the NBI Regional Office IV-B located at Barangay Sta. Isabel in Calapan City "where he was booked and photographed."

A check with the Sandiganbayan Fourth Division clerk of court Joffrey Zapata said the NBI brought Villarosa before the court Thursday afternoon, in which the former lawmaker posted a total of P432,000 bail bonds in cash for 12 counts of graft and 12 counts of technical malversation.

Zapata said that following Villarosa’s posting of bail, the latter was granted provisional liberty by the court.

Graft, malversation case

On November 27, 2015, the Office of the Ombudsman filed with the Sandiganbyan 12 counts of graft or violation of Section 3 (e) of the Republic Act 3019 (Anti-Graft and Corrupt Practices) and another 12 counts of technical malversation or violation of Section 220 of the Revised Penal Code (RPC) against Villarosa.

Villarosa's co-accused were former San Jose municipal accountant Pablo Alvaro and former municipal treasurer Carlito Cajayon.

The cases stemmed from the three respondents’ alleged unauthorized use of a trust fund amounting to P2.920 million generated from tobacco excise tax for purposes not authorized under law.

Based on the information of the filed cases, from 2010 to 2011, Villarosa, in alleged conspiracy with Alvaro and Cajayon, diverted the tobacco trust fund to finance the regular operations of San Jose municipality when the fund should have been used to assist local tobacco farmers.

The Ombudsman pointed out that under the revised law on tobacco excise tax as provided in Republic Act 8240, a local government unit’s share in tobacco tax proceeds "should be used solely for cooperative, livelihood and/or agro-industrial projects that enhance the quality of agricultural products, develop alternative farming systems, or enable tobacco farmers to manage and own post-harvest enterprises like cigarette manufacturing and by-product utilization."

"Their act of expending the Tobacco Fund in favor of local officials and various municipal obligations falls squarely under the definition of manifest partiality, if not gross inexcusable negligence. Naturally, the diversion of funds resulted in the deprivation of farmers who were the intended beneficiaries,” the Ombudsman said in a resolution dated March 23, 2015, finding probable cause to file the cases against the accused.

Based on the information of the filed cases, P2.115 million of the tobacco trust fund was instead used for the purchase of 10 multicab vehicles; P94,500 for the payment of meals and snacks served during the oathtaking of newly-elected barangay captain and SK chairman; P94,500 for purchase of medicines; P87,500 for the purchase of mixed gravel and sand for the supposed maintenance of a barangay road; P95,110.40 for the repair and maintenance of a land service cruiser and P23,304.50 for purchase of fuel and lubricants for the maintenance of PNP service vehicles.

A total of P89,780 from the tobacco trust fund was also used for the payment of bus rental during the celebration of Occidental Mindoro’s 60th founding anniversary in November 2010; P30,000 for the reimbursement of transportation expenses incurred for the purchase of Christmas lights; P56,000 for another payment of meals and snacks for various activities of the municipality, among others.

Previous case

Villarosa, in 2006, was convicted of murder by the Quezon City Regional Trial Court for allegedly masterminding the December 1997 killings of Michael and Paul Quintos, sons of former lawmaker and Villarosa’s political archival Ricardo V. Quintos, Sr.

The QC RTC’s decision was, however, overturned by the Court of Appeals (CA) in March 2008, citing “lack of evidence”.

The CA’s decision became controversial as Villarosa’s wife, then Occidental Mindoro Rep. Amelita Villarosa, was a known ally of then-President Gloria Macapagal-Arroyo. —KBK, GMA News