CNN Philippines Correspondent Anjo Alimario contributed to this report.
Metro Manila (CNN Philippines, July 30)— The Supreme Court (SC) has dismissed malversation charges against former Philippine Charity Sweepstakes Office (PCSO) chairman Sergio Valencia for alleged misuse of the agency’s confidential and intelligence fund in 2007 to 2010.
The high court, in a decision dated June 10 and released Tuesday, said it reversed the Sandiganbayan’s 2015 denial of Valencia’s demurrer to evidence, which effectively clears him of the ₱13-million malversation case.
A demurrer to evidence is an option for the accused to seek dismissal of a case in the middle of a trial for lack of evidence.
Plunder, graft, and malversation charges were filed against Valencia, then President Gloria Macapagal Arroyo, and other government officials over the supposed “illegal and fraudulent” release, withdrawal, and disbursement of the PCSO’s confidential and intelligence fund during Arroyo’s term. The Office of the Ombudsman in 2012 found probable cause to indict those implicated in the case.
In clearing Valencia, SC cited the previous acquittal of Arroyo from the PCSO fund scam case. Arroyo was cleared of plunder charges in 2016 due to weak evidence.
READ: Supreme Court asserts independence in Arroyo plunder acquittal
“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,” SC the document read. “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.”
“Aguas” referred to Benigno Aguas, then PCSO budget and accounts manager who was also cleared of plunder.
The PCSO has been in hot water recently as President Rodrigo Duterte ordered a crackdown on lotto and other gaming outlets of the agency amid the alleged corruption within the state charity fund. The Justice Department has also ordered a probe into the supposed corrupt and graft practices in the agency.
