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ANTI-GRAFT COURT. The Sandiganbayan in Quezon City.
Jansen Romero/Rappler
The anti-graft court says it 'finds no compelling reason to overturn' its earlier decision
MANILA, Philippines – The anti-graft court Sandiganbayan has affirmed the graft and malversation conviction of former Maguindanao governor Sajid Ampatuan in relation to nearly P400 million in public funds meant for farm-to-market roads in his province.
Associate Justice Bernelito Fernandez penned the resolution issued on March 24, denying Ampatuan’s Motion for Reconsideration for lack of merit, with concurrences from Associate Justice Karl Miranda and Associate Justice Ronald Moreno.
In the October 2024 ruling of the Sandiganbayan Third Division, which the court affirmed, Ampatuan was sentenced to 8 to 12 years in prison for graft, and reclusion perpetua for malversation.
“After an assiduous assessment of the arguments raised by the parties, this Court finds no compelling reason to overturn its challenged Decision. The evidence for the prosecution sufficiently proved all the elements for violation of Sec 3 (e) of RA 3019 and the crime of malversation of public funds,” the court said.
The former governor was also perpetually barred from holding public office and directed to pay a P393-million fine, and P393 million more as restitution to the Bureau of Treasury.
Of his three co-accused, two — former provincial treasurer Osmeña Bandila and former provincial accountant John Estelito Dollosa — died while the case was on trial, while state auditor Danny Calib was acquitted due to insufficient proof of his alleged participation.
Ampatuan had sought the reversal of his conviction, citing the Department of Agrarian Reform’s issuance of certificates of completion and final inspection reports as proof that the projects had been completed and were usable.
The anti-graft court said, however, that Sebastian Construction, Incorporated, the supposed project contractor, denied that it had any transaction with the Maguindanao provincial government in 2009.
The court also cited “overwhelming documentary and testimonial evidence” that clearly showed that Ampatuan “deliberately orchestrated fictitious payments to various contractors and suppliers for the infrastructure projects which were not implemented.”
State auditors had testified that the project contracts did not undergo public bidding, and that an onsite inspection by a Commission on Audit technical team found the roads in poor condition, among other findings.
They also said that it was “highly improbable” that the heavy equipment used for the project construction got 556,730 liters of fuel in just one day from the Shariff Aguak Petron station because the latter’s underground storage tanks only had a maximum capacity of 31,000 liters.
The gas station was owned by Ampatuan’s brother.
The anti-graft court had previously convicted Sajid Ampatuan in March 2023 of graft and malversation in relation to the ghost procurement of farm supplies worth P98.25 million. – Rappler.com
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