Anti-graft court: There’s enough evidence for graft case vs ex-MWSS deputy administrator

MANILA, Philippines – The anti-graft court Sandiganbayan ordered a former Metropolitan Waterworks and Sewerage System (MWSS) official to present counter-evidence to rebut allegations he received double compensation in 2002. 

Former MWSS-Regulatory Office deputy administrator Virgilio Ocaya has been accused of holding another government position as legal counsel of the Presidential Commission on Good Government (PCGG). 

“After a careful study of the documentary and testimonial evidence presented by the prosecution, the Court finds that, if unrebutted, the same is prima facie sufficient to support a verdict of guilt against accused,” the Sandiganbayan said in its July 18 resolution denying Ocaya’s motion for leave of court to file demurrer to evidence.

A demurrer is a motion to dismiss filed by the defense citing insufficiency of evidence filed by the prosecution.

Ocaya said that prosecutors failed to obtain proof that he obtained additional employment and that the government suffered damage or injury for his alleged double compensation. 

Prosecutors, however, said it had evidence that showed Ocaya was appointed MWSS-RO deputy administrator in August 2000 despite his still being employed at the PCGG. Documents that included his statement of assets, liabilities, and net worth in 2002 attested to this, in addition to daily time records obtained by the prosecutors. 

The Sandiganbayan said that Ocaya can still file a demurrer to evidence without leave of court, but cautioned that in doing so “he shall waive his right to present evidence and is submitting the case for judgment on the basis of evidence adduced by the prosecution.”

The Office of the Ombudsman in 2016 charged Ocaya with graft, alleging that he received almost P240,000 as double compensation, according to a report by the Philippine Daily Inquirer. – Rappler.com