THE former municipal treasurer of Ronda town, southwest Cebu has been found guilty by the Sandiganbayan of graft and malversation of public funds involving P2.06 million in 2009.
In a 124-page decision, the Sandiganbayan Sixth Division sentenced former Ronda town treasurer Esperato del Socorro to two jail terms, each having sentences ranging from six years to 10 years for graft and malversation.
Del Socorro was also ordered to refund P2.06 million and to suffer perpetual special disqualification from holding public office aside from having his retirement and gratuity benefits forfeited.
Del Socorro, along with former Ronda mayor Esteban Sia and municipal accountant Genara Kasayan, were charged before the Office of the Ombudsman in 2014 for malversation of public funds and for violating Republic Act 3019 or the Anti-Graft and Corrupt Practices Act for the alleged irregular release of cash advances to elective officials amounting to P2.1 million in 2009.
Finding probable cause, the Ombudsman eventually lodged a criminal complaint against the three officials before the Sandiganbayan in March 2016.
In 2019, the charges against Kasayan were dismissed after the Sandiganbayan granted her motion to be discharged from the case in order to turn state witness against Del Socorro and Sia. Del Socorro also applied for a similar motion but it was dismissed.
In 2021, the charges against Sia were dismissed on account of his death.
In their decision, the Sandiganbayan decided to convict Del Socorro after they found evidence that he tolerated Sia’s practice of facilitating dubious cash advances even though they were questioned by the Commission on Audit.
“Amidst the concrete adverseness of accused Sia’s default, accused Del Socorro has morphed into a willing accomplice and enabler. For tolerating the practice of facilitating dubious cash advances, and abetting the illegality of such practice, accused Del Socorro committed, what Supreme Court Associate Justice Bernardo P. Pardo termed as, “passive malversation,” the court said.
Though Del Socorro defended himself by saying that he had been threatened by Sia if he would not allow him to facilitate the cash advances, this defense was immediately rejected by the court.
“Be that as it may, the Court cannot slough over the irregularities surrounding the check disbursements. Official discretion is narrowly tailored by law, and fiscal discipline demands that accountable officers act surefootedly,” the court added.