THE Sandiganbayan Sixth Division has declared as final and executory the February 9, 2023 conviction of former Maguindanao governor Datu Sajid Ampatuan on 130 criminal charges.
The anti-graft court likewise barred Ampatuan from filing an appeal after his absence in court during promulgation and his failure to surrender in person to seek leave of court to avail of post-conviction remedies.
“The requirements for allowing a convicted accused to regain standing and to avail of the remedies under the Rules of Court have not been complied with. There being no motion for reconsideration or notice of appeal filed within the 15-day period, the Court’s judgment has now become final and executory,” said the April 20, 2023 seven-page resolution of the court.
The ruling was penned by Associate Justice and Sixth Division chairperson Sarah Jane T. Fernandez with the concurrence of Associate Justices Karl B. Miranda and Kevin Narce B. Vivero.
With the appeals process no longer an option, the court has also reiterated its directive last February 9 for the issuance of a warrant of arrest against Ampatuan, now the incumbent vice mayor of the municipality of Shariff Saydona Mustapha in Maguindanao.
The former governor was pronounced guilty of 126 counts of falsification of public documents and four counts each of graft and malversation of public funds in connection to the ghost procurement of construction materials for public works projects in 2009.
He was sentenced to six years for each count of falsification or a total of 756 years, six years for each count of graft or a total of 24 years, and 17 years for each count of malversation or a total of 68 years.
All combined, he is facing 848 years behind bars.
Ampatuan’s co-accused, former provincial engineer Datu Ali Abpi, was found guilty of 136 counts of falsification, four counts of graft and four counts of malversation which earned him 908 years imprisonment.
On top of the jail term, Ampatuan was also fined P62 million equivalent to the sum malversed. He was likewise ordered to indemnify the provincial government of Maguindanao in the same amount.
Abpi on the other hand will have to pay P70.05 million in fines and the same amount in indemnity to the province of Maguindanao.
Named co-defendants when the cases were filed by the Office of the Ombudsman in 2017 were provincial accountant John Dollosa Jr., provincial treasurer Osmeña Bandila, general services office chief and Bids and Awards Committee chairman Kasan Macapendeg, provincial administrator Norie Unas, and provincial engineer Landap Guinaid.
While Dollosa and Bandila remain at large, the rest have already died during the pendency of the case.
During the promulgation of the decision last February 9, the Sandiganbayan was notified that Abpi had reportedly already passed away but the court opted to proceed with the sentencing since the notice did not bear any indication of the date and cause of death and was not backed by an official copy of a death certificate.
Ampatuan had tried to persuade the court to allow him to appeal his conviction despite his continuing non-appearance by submitting medical certificates dated February 3 and February 22, 2023 showing that he was suffering from acute gastritis (inflammation of the lining of the stomach) and swollen knees due to gout.
His lawyers claimed that his condition makes walking painful and restricts his ability to travel.
The court however, pointed out that the medical certificates only recommended “rest” without mentioning anything about restricting the accused from traveling.
Likewise, under questioning by the justices of the Sixth Division, his lawyers declined to give any assurance that they can make him appear in person before the Sandiganbayan.
