The Sandiganbayan Sixth Division has denied the motion of former Ronda, Cebu municipal treasurer Esperato A. Del Socorro, which sought permission from the court to allow him to file a demurrer to evidence in his graft and malversation case.
Filing a demurrer to evidence is an act made by the defense contesting that the totality of the prosecution's evidence is insufficient to reach a guilty verdict.
Del Socorro is the co-accused of former mayor Esteban R. Sia. They have been slapped with violations of Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act and Article 217 of the Revised Penal Code (malversation of public funds) for their failure to properly liquidate and return public funds.
Sometime on December 31, 2009, Sia and Del Socorro reportedly took advantage of their public functions by allegedly “conniving and confederating together, and mutually helping each other with deliberate intent,” failing to liquidate or return P2,063,422.72 in public funds.
According to Special Prosecutor I Jonathan G. Paragua, Sia received the amount as cash advances despite the fact that said cash advances were not allowed under COA Circular No. 97-002.
In filing motion to file demurrer, Del Socorro argued in his motion that there is insufficient evidence to prove conspiracy. He added that he was “under duress,” so he could not have conspired with Sia.
Del Socorro likewise claimed to be a “victim: of Sia, who he described as a “tyrant.”
However, the anti-graft court found no merit in his arguments.
“Accused Del Socorro raises no new arguments in his motion for reconsideration. This Court had already considered accused Del Socorro's rehashed arguments, and found them to be without merit, when it denied accused Del Socorro's earlier motion,” the resolution read.
The five-page resolution was penned by Sixth Division Chairperson Sarah Jane Fernandez with the concurrence of Associate Justices Karl Miranda and Kevin Narce Vivero.