Sandiganbayan rejects ex-MWSS exec’s plea for reconsideration on double compensation case

ANILA, Philippines – The Sandiganbayan has denied another bid by a former ranking official of the Metropolitan Waterworks and Sewerage System (MWSS) to extricate himself from graft charges for a case of double compensation.

The anti-graft court’s Sixth Division, in a resolution on Oct. 4, denied the motion for reconsideration filed by Virgilio Ocaya, former deputy MWSS administrator, saying the prosecution has “sufficiently established a prima facie case” against him for violation of the Anti Graft and Corrupt Practices Act.

Ocaya had filed a motion for leave of court to file a demurrer to evidence which had also been denied by the court. A demurrer challenges evidence presented by the prosecution and, if granted by the court, could lead to outright dismissal of the case.

Ocaya had been charged with receiving double compensation from the Presidential Commission on Good Government (PCGG) and the MWSS. He was legal counsel of PCGG at the same time deputy administrator of MWSS.

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In his motion for reconsideration, Ocaya claimed that he cannot be sued for double compensation as the position of deputy administrator of MWSS’ Regulatory Office is not a government position as it was created by a concession agreement with private companies.

He also insisted that the prosecution failed to prove its assertions. The Sandiganbayan, however, said these matters were best discussed in court proceedings.

The other issues raised by Ocaya, the Sandiganbayan said, were “mere rehash of his previous arguments.”

The motion for reconsideration, the court said, “did not raise any new or substantial ground” to reverse the denial of Ocaya’s first bid to drop the case.

The court also reminded Ocaya that he may still file a demurrer but doing so without leave of court would mean he was waiving his right to present evidence and was willing to submit the case for judgment based on evidence presented by the prosecution.

The court gave Ocaya five days to file a manifestation if he was filing a demurrer without leave of court./TSB