The Sandiganbayan has denied the motion for reconsideration of former Ronda, Cebu municipal treasurer Esperato del Castillo to inhibit justices of the anti-graft court from handling his graft and malversation case.   

Del Castillo had earlier filed a motion to inhibit which the Sandigan denied and filed a motion for reconsideration.

In his motion for reconsideration, he argued that there was "unconscious bias" on the part of the justices because he was not allowed to explain why the prosecution's evidence is insufficient to establish his guilt.

He said that the death of the principal accused, former Mayor Esteban R. Sia, would only make the conspirators look more guilty. He lamented that he will be punished even though he did not receive a single cent from the transaction.

However, the anti-graft court denied his motion for reconsideration for being bereft of merit. "His arguments in his motion...are merely a substantial reiteration or rehash of those in his Motion to Inhibit," the Sandiganbayan said in a five-page resolution.

The anti-graft court explained to Del Socorro that he was not deprived of the opportunity to defend himself when his Motion for Leave to File Demurrer to Evidence was denied. In fact, the court said he can still file his demurrer to evidence even without leave of court.

"Even assuming that the Court erroneously ruled on his motion...accused Del Socorro has not shown how such rulings were patently erroneous such that the same would indicate bad faith or malice," the Sandiganbayan said.

The resolution was penned by Sixth Division Chairperson Sarah Jane Fernandez and concurred in by Associate Justices Karl Miranda and Kevin Narce Vivero.

Del Socorro had been slapped with violations of Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and Article 217 of the Revised Penal Code or  malversation of public funds for his failure to properly liquidate and return public funds.

Sometime on Dec. 31, 2009, Sia and Del Socorro reportedly took advantage of their public functions when they, "conniving and confederating together, and mutually helping each other with deliberate intent," failed to liquidate or return to public funds the amount of P2,063,422.72.