THE SUPREME Court (SC) has cleared former Philippine Charity Sweepstakes Office (PCSO) chairperson Sergio O. Valencia from the malversation charges over the alleged P13.1 million in cash advances.

In an eight-page decision, the High Court’s first division reversed the 2015 decision and resolution of the Sandiganbayan denying Mr. Valencia’s demurrer to evidence over his case in connection with his alleged P13.1 million cash advances from the Confidential and Intelligences Fund (CIF) of PCSO from 2007 to 2010.

A demurrer to evidence is a motion to dismiss the prosecution’s evidence and eventually dismiss the case.

The SC said the anti-graft court committed grave abuse of discretion in denying Mr. Valencia’s motion to dismiss the case as the information filed against him lacked specific allegations on the crime of malversation.

“It is therefore apparent that in denying petitioner’s Demurrer to Evidence and ruling that there was sufficient evidence to hold him liable for malversation despite the lack of specific allegations of the factual details pertaining to the crime of malversation in the information, respondent Sandiganbayan is said to have gravely abused its discretion amounting to lack of jurisdiction,” the court ruled.

A complaint of plunder was filed against Mr. Valencia and several PCSO officials along with former president Gloria Macapagal-Arroyo in connection with the alleged irregularities in the utilization and additional grant of CIF to PCSO.

Sandiganbayan, in its April 6, 2015 resolution, ruled that Mr. Valencia could not be held liable for plunder since his alleged amassed amount of P13.3 million was below the P50 million threshold for plunder, but said there was still sufficient evidence to convict him of malversation.

The former PCSO official filed a motion for reconsideration, claiming the crime for plunder cannot be downgraded to malversation as it was not included in the information, but the Sandiganbayan denied it.

The Sandiganbayan’s resolution granted the demurrers of former PCSO directors Manuel L. Morato, Raymundo T. Roquero and Jose R. Taruc, and former Commission on Audit chairman Reynaldo A. Villar.

In granting the petition, the SC also cited its 2016 decision acquitting Ms. Arroyo and PCSO Budget and Accounts Officer Brian Aguas from their P366-million plunder case for lack of evidence as both cases stemmed from the same information.

“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. We are therefore not free to disregard it in any related case which involves closely similar factual evidence,” the court ruled.

The decision was penned by Associate Justice Mariano C. Del Castillo and concurred in by Chief Justice Lucas P. Bersamin, and Associate Justices Francis H. Jardeleza and Andres B. Reyes, Jr. — Vann Marlo M. Villegas

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