The Sandiganbayan Sixth Division has denied the motion for reconsideration filed by former Metropolitan Waterworks and Sewerage System (MWSS) Deputy Administrator Virgilio Ocaya to disallow the presentation of a prosecution witness in his graft case involving the double compensation he reportedly received back in 2002.
Ocaya has been slapped with a violation of Section 3(e) of Republic Act 3019, also known as the Anti-Graft and Corrupt Practices Act, since he reportedly received
additional employment compensation totalling P240,000 from the Presidential Commission on Good Government (PCGG).
Ocaya filed a Motion to Disallow Plaintiff's Rebuttal Evidence and sought to have the records of Atty. Claudine Orocio-Isorena's judicial affidavit dated March 10, 2020 be expunged from the records.
He reasoned that the prosecution has already rested its case, so Isorena's judicial affidavit is already considered as "forgotten evidence" and violates the rule against piecemeal presentation of evidence.
But in its resolution dated July 2, the anti-graft court denied Ocaya's motion. Ocaya filed a motion for reconsideration on July 6. He argued that the prosecution failed to justify why it did not present Isorena's testimony as part of its evidence-in-chief, considering that her testimony is being offered to prove an element of the crime charged.
He added that his objection is not premature, and courts have the power to suspend technical rules of procedure when the application would tend to frustrate rather than promote justice.
Unfortunately for Ocaya, the anti-graft court said in its resolution that there is nothing in his MR that would warrant the reversal of its earlier ruling.
"The accused has not shown any reasonable cause to justify allowing him to prematurely object to the presentation of Atty. Orocio-Isorena as rebuttal witness," the Sandiganbayan said.
"The denial of his Motion to Disallow did not deprive him of the opportunity to object to the presentation of the presentation's rebuttal evidence. He may still object to the same, but he must do so in accordance with the rules," the Sandiganbayan added.
The seven-page resolution was written by Sixth Division Chairperson Sarah Jane Fernandez and concurred in by Associate Justices Karl Miranda and Kevin Narce Vivero.