Other counts of
malversation and graft filed before the First Division were about other anomalous multi-million purchases of food supplies from various merchandisers also in 2009.
The first charge of graft and
malversation was for Bandila, Dollosa Jr., Chio, and Garcia.
In granting Valencia's demurrer to evidence and subsequently ordering his acquittal on charges of
malversation, the SC used as basis its July 19, 2016 decision in the case of former President and then Speaker Gloria Macapagal Arroyo and former PCSO budget and accounts manager Benigno Aguas.
Case records showed that in July and December 2011, two complaints for plunder,
malversation, and graft were filed against several members of the PCSO board and other officials led by former President Gloria Macapagal Arroyo.
Plunder is an offence punishable by death while technical
malversation has a lighter penalty.
In granting Valencia's demurrer to evidence and, in effect, ordering his acquittal on charges of
malversation, the SC used as basis its July 19, 2016 decision in the case of Arroyo and Aguas.
The senator said the
malversation charges already absorbed the case against usurpation.
'It is therefore apparent that in denying the petitioner's (Valencia's) Demurrer to Evidence and ruling that there was sufficient evidence to hold him liable for
malversation despite the lack of specific allegations of the factual details pertaining to the crime of
malversation in the information, respondent Sandiganbayan is said to have gravely abused its discretion amounting to lack of jurisdiction,' the decision read referring to Sandiganbayan's 2015 decision to deny Valencia's demurrer to evidence.
The omission from the information of factual details descriptive of the aforementioned elements of
malversation highlighted the insufficiency of the allegations.
He was sentenced to six years and one month as minimum imprisonment to eight years as maximum for his graft charge, six years and one day of prison mayor as minimum to 10 years and one day of prison mayor as maximum for his
malversation charge, and six months and one day of prison correcional as minimum to six years and one day of prison mayor as maximum for his falsification charge.
