The Sandiganbayan has affirmed the conviction of the former treasurer of Ronda town in Cebu as it also denied his motion for the inhibition of the justices who rendered the decision.
Affirmed was the guilty verdict imposed on Esperato A. Del Socorro in a decision handed down last Feb. 7.
Del Socorro was sentenced to six to 10 years imprisonment for his graft conviction with perpetual disqualification from holding public office. For his malversation conviction, he was sentenced to six to 10 years imprisonment and ordered to pay a fine of P2,063,422.72. The anti-graft court also held him civilly liable for the amount of P2,063,422.72, which he should refund to the Bureau of Treasury.
In his motion for reconsideration, Del Socorro cited "reversible error" and prayed for his acquittal. He also pleaded that “the Honorable Presiding Justices of the instant case" should "voluntarily inhibit themselves from acting upon the motion because of manifest bias and partiality."
But the Sandiganbayan’s sixth division ruled that it would be an "exercise in futility" should it grant the motion to inhibit with motion for reconsideration.
It stressed that there is no compelling reason or cause for them to voluntarily inhibit because of "unconscious bias."
"In fine, the prized ideal of 'the cold neutrality of an impartial judge' implicit in the due process guarantee had been met," the court said.
It also said that since Del Socorro's motion for reconsideration merely contained "warmed over arguments previously put forward and found to be unmeritorious, it would be an exercise in futility for the court to reiterate itself.”
Associate Justice Kevin Narce B. Vivero wrote the nine-page resolution with the concurrence of Chairperson Sarah Jane T. Fernandez and Associate Justice Karl B. Miranda.
Del Socorro was the co-accused of former Ronda mayor Esteban R. Sia, who had passed away. In light of his death, the charges against Sia had been dismissed.