FORMER Maguindanao provincial budget officer and Bids and Awards Committee member Datu Ali K. Abpi, Al Haj has been convicted by the Sandiganbayan of one count each of graft and malversation of public funds in connection with alleged fraudulent procurement contracts worth P47.59 million during the administration of the late governor Datu Andal S. Ampatuan Sr.
Three of his co-accused — general services officer Kasan Macapendeg, provincial administrator Norie Unas, and provincial engineer Landap Guinaid — have died during the pendency of the case.
Ampatuan, on the other hand, was not charged due to his death ahead of the resolution from the Ombudsman recommending the indictment of all the respondents.
Two other defendants, former provincial accountant Estelito Dollos Jr. and provincial treasurer Osmeña Bandila remain at large.
In the 44-page decision penned by Associate Justice Maryann E. Corpus-Mañalac, the anti-graft court’s Fifth Division sentenced Abpi to imprisonment for eight to 12 years for the graft charge and 10 to 17 years for the malversation case.
Associate Justices Rafael R. Lagos and Maria Theresa V. Mendoza-Arcega concurred.
On top of the jail term, Abpi was also ordered to pay a fine equal to the amount involved or P47,591,439 and to indemnify the provincial government of Maguindanao in the sum P47,591,439 with six percent interest from the finality of the ruling until paid in full.
However, he was acquitted on 107 counts of falsification of public documents as the court held that the prosecution failed to prove his guilt beyond reasonable doubt.
It noted that other than naming Abpi as a co-defendant in the 107 information, there was no evidence introduced to show his participation in the fabrication of fake documents used to cover up the fraudulent transactions.
The cases resulted from the cooperation of the Commission on Audit and the Office of the Ombudsman under former chairperson Ma. Gracia Pulido Tan and former Ombudsman Conchita Carpio Morales.
Prosecution evidence established that the accused was part of the conspiracy to defraud the provincial government through ghost procurement of construction materials worth P47.59 million from Abo Lumberyard said to be owned by one Zainal L. Abo in Parang, Maguindanao.
The bid papers were approved by Macapendeg, Unas, Abpi, Guinaid and Bandila as members of the BAC.
Dollosa certified the disbursement vouchers while Ampatuan approved the payment.
Auditors and graft investigators however established that Abo Lumberyard does not exist, supported by a certification from the municipal government of Parang, Maguindanao that it did not issue any business permit to any business entity of that name.
