The Sandiganbayan has convicted former Metropolitan Waterworks and Sewerage System (MWSS) Deputy Administrator Virgilio Ponciano A. Ocaya of graft for receiving double compensation from the government in 2003.
Ocaya was sentenced to a prison term ranging from six to eight years and was ordered to return to the Presidential Commission on Good Government (PCGG) P129,600 representing his double compensation from January to June 2003.
He was appointed MWSS deputy administrator for administration and legal on Aug. 11, 2000. He was terminated on Nov. 2, 2001. He challenged his termination before the court.
In the meantime, he sought employment with the PCCG from Sept. 2 to Dec. 31, 2002 as its legal counsel on a full time basis.
He was reinstated to his post in the MWSS sometime in January 2003. His stint with PCCG was extended from Jan. 1 to June 30, 2003. He received his salaries both from MWSS and PCGG. On Sept. 23, 2003, he was terminated again by the MWSS on the issue of double compensation.
In its decision, the Sandiganbayan cited the provision in the Constitution which states: “Unless otherwise allowed by law or by the primary functions of his office or his position, no appointive official shall hold any other office or employment in the government, or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.”
It said the constitutional provision was reiterated in the Administrative Code of 1987.
Thus, the court pointed out that since the “the Constitution and the law prohibit dual employment and double compensation, the compensation the accused (Ocaya) received from the PCGG was unauthorized or without justification.”
Sandiganbayan’s sixth division Chairperson and Associate Justice Sarah Jane T. Fernandez wrote the 49-page decision with the concurrence of Associate Justices Karl B. Miranda and Kevin Narce B. Vivero.