Supreme Court clears ex-PCSO chair of malversation

The Supreme Court has cleared former Philippine Charity Sweepstakes Office (PCSO) chairman Sergio Valencia in a P13.3-million malversation case that also involved former president Gloria Macapagal-Arroyo.

In a recently publicized June 10 decision, the First Division granted Valencia's demurrer to evidence, setting aside Sandiganbayan resolutions in 2015 that found there was sufficient evidence to hold him liable for malversation.

A demurrer to evidence is a pleading filed by the defense that challenges the sufficiency of the prosecution’s evidence.

The case stemmed from allegations of irregularities in the utilization and additional grant of Confidential and Intelligence Fund to the PCSO. Arroyo, former executive secretary Eduardo Ermita, former PCSO general manager Rosario Uriarte, and several others were allegedly involved in the conspiracy.

Arroyo and Benigno Aguas, former PCSO budget and accounts manager, were acquitted of plunder by the SC in 2016. The Sandigabayan acquitted the other respondents, including Valencia, of plunder in separate decisions. Uriarte was the last to be cleared of plunder in 2018.

What Valencia challenged before the High Court was the Sandiganbayan's finding that he could not be completely exculpated because there was "sufficient evidence" to convict him of malversation under Article 217 of the Revised Penal Code.

However, the Court ruled that an earlier decision — the one that cleared Arroyo and Aguas — applies in Valencia's case. In that ruling, the Court said the Office of the Ombudsman did not sufficiently allege the elements of malversation in its charge.

"It is well to note that the Information subject of the aforementioned cases of Arroyo and Aguas is the very same information under scrutiny in the present case wherein petitioner is their co-accused and where all the incidental matters stemmed and had their origin," the Court said.

"Hence, there is no reason not to apply the afore-quoted ruling in the present petition since it has reached its finality, per Entry of Judgment, on May 30, 2017," it added.

The Court said it cannot disregard the ruling in a related case involving "closely similar" evidence.

It also ruled that the Sandiganbayan committed grave abuse of discretion amounting to lack of jurisdiction when the anti-graft court ruled there was evidence to hold Valencia liable for malversation "despite the lack of specific allegations of the factual details" pertaining to the crime.

The decision was penned by Associate Justice Mariano del Castillo, with concurrences from Chief Justice Lucas Bersamin and Associate Justices Francis Jardeleza and Andres Reyes, Jr. Associate Justice Rosmari Carandang, another division member, was on leave at the time of the vote.

The ruling was received by the SC Public Information Office, which is in charge of uploading decisions to the Court's website, on July 18.

On the ground of "massive corruption," President Rodrigo Duterte has recently ordered a stop to gaming operations which have franchises, licenses or permits granted by the PCSO. — MDM, GMA News