THE Sandiganbayan has ordered the dismissal of multiple corruption charges against two co-accused of former Maguindanao Governor Sajid Ampatuan following receipt of certifications from the Philippine Statistics Authority (PSA) that both have died.
In separate resolutions, the anti-graft court’s First Division noted that the prosecution has submitted copies of the Certificates of Death of former provincial treasurer Osmeña Bandila and former provincial budget officer Datuali Abpi obtained from the PSA.
The two were named co-defendants of Ampatuan in two batches of graft and malversation of public funds charges filed by the Office of the Ombudsman in 2019 and 2023.
Abpi was tried and convicted together with Ampatuan in four counts each of graft and malversation of public funds on October 10, 2022 even if Abpi failed to appear during the promulgation.
They were sentenced to reclusion perpetua on three counts of malversation and 14 to 18 years on the fourth case.
For the four graft charges, they were both meted six to eight years jail terms for each count or a total of 24 to 32 years.
The court declared that the prosecution proved their participation in the fraudulent procurement of food items from four suppliers including rice, sardines, brown sugar, and dried fish from four different firms — P29.85 million from Nestor Merchandise, P30.34 million from H & S Merchandise, P12.88 million from N & S Merchandise, and P6.68 million from Isulan General Merchandise.
Government auditors, however, found that none of the suppliers existed as the records of the Bureau of Internal Revenue failed to turn up any proof that any of them paid taxes, the Department of Trade and Industry had no records of the retail firms, and no local government issued a mayor’s permit allowing them to operate.
Bandila remained at large, leaving the court no recourse but to order his cases archived on March 17, 2022.
Based on the PSA certificate, Bandila died on May 3, 2021 of “undetermined natural death.” The certificate of death was signed by a municipal health officer named Asniah Datudacula.
“From the foregoing, the Court considers the fact of death of the said accused as having been sufficiently established. In view thereof, under Article 89 of the Revised Penal Code, this case is dismissed as to accused Bandila,” the court ordered.
In the case of Abpi, the PSA document showed he passed away from a “cerebrovascular accident” on January 9, 2023 based on a certificate of death signed by rural health physician Carmela Jocelyn Cunanan.
“The said death certificate issued by the Philippine Statistics Authority (PSA) shows that accused Abpi passed away on January 9, 2023, due to a cerebrovascular accident. This case is dismissed as to accused Abpi,” the court said.
Three other co-accused of Ampatuan in various cases pending in different divisions have also died earlier based on information gathered by the prosecution.
They were former provincial general services officer Kasan Macapendeg (December 13, 2015); former provincial administrator Norie Unas (April 14, 2014); and provincial engineer Landap Gunaid (July28, 2016).
