SC clears ex-PCSO chief in malversation case

MANILA, Philippines — The Supreme Court (SC) has cleared former Philippine Charity Sweepstakes Office (PCSO) chair Sergio Valencia in a P13.3-million malversation case.

In a ruling that came amid the crackdown on massive corruption in the agency, the SC’s First Division set aside a 2015 decision of the Sandiganbayan and ordered the dismissal of charges against Valencia.

The high court granted the petition of the former PCSO chief seeking reversal of the ombudsman order.

“In thereby averring the predicate act of malversation, the State did not sufficiently allege the aforementioned essential elements of malversation in the information. The omission from the information of factual details descriptive of the aforementioned elements of malversation highlighted the insufficiency of the allegations. Consequently, the State’s position is entirely unfounded,” the ruling penned by now retired associate justice Mariano del Castillo read.

The SC held that the Sandiganbayan erred in downgrading the charges against Valencia from plunder to malversation under Article 217 of the Revised Penal Code (RPC).

“It is therefore apparent that in denying the 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,” it stressed.

The case stemmed from alleged illegal and fraudulent release, withdrawal and disbursement of PCSO’s confidential and intelligence fund from 2007 to 2010.

In the assailed ruling, the Sandiganbayan granted Valencia’s demurrer to evidence as far as his plunder case was concerned since the charge involved only P13.3 million which was below the P50-million threshold for plunder.

In the same decision, however, the anti-graft court ruled that there was sufficient evidence to convict Valencia of malversation.

Case records showed that in July and December 2011, two complaints for plunder, malversation and graft were filed against several members of the PCSO board and other officials led by former president Gloria Macapagal-Arroyo.