THE Supreme Court has upheld a 2019 decision of the Sandiganbayan convicting former Maguindanao Gov. Sajid Islam Ampatuan of graft, falsification of public documents, and malversation of public funds amounting to P35 million.
The high court likewise affirmed the anti-graft court’s ruling sentencing Ampatuan to a prison term ranging from six months to eight years in each of the 63 cases, or a total of 504 years of maximum imprisonment, for falsification of public documents.
For malversation, the SC upheld the reclusion perpetua imposed against Ampatuan and his co-accused, Datuali Kanakan Abpi Al Haj, who was then Maguindao’s provincial budget officer.
For graft, the SC affirmed the prison sentence of the duo from eight years to one day to 13 years as maximum sentence.
The 29-page ruling dated August 17 issued by the SC’s First Division junked the petition filed by Ampatuan and Al Haj questioning the anti-graft court’s decision convicting them.
The SC also denied Ampatuan’s “extremely urgent motion” seeking the reversal of the Sandiganbayan’s order canceling his bail and ordering his arrest.
To recall, the Commission on Audit in 2011 found that cash advances amounting to P85.7 million were made from the funds of the province of and paid to Abo Lumberyard and Construction Supply for the repair of school buildings.
However, subsequent investigation showed there were no actual purchases of materials made and that Abo Lumberyard “did not exist as a business entity as it had no business permit.”
Likewise, the Bureau of Internal Revenue certified that it had no record of such business entity.
With this, COA then filed criminal charges before the Office of the Ombudsman.
Charged were then Gov. Datu Andal Ampatuan Sr., Sajid Islam Ampatuan, and provincial officials John Estelito Dollosa Jr., Osmeana Bandila, Norie Linas, Kasan Macapendeg, Al Haj, and Landap Guinaid.
Ampatuan Sr. died in 2015 while in detention for his involvement in the 2009 Maguindanao massacre case.
Unas, Macapendeg, and Guinaid also died during the pendency of the cases.
The Ombudsman has proceeded to charge the rest of the accused with one count of graft, one count of malversation involving P38.1 million, and 73 counts of falsification of public documents.
But only Ampatuan and Al Haj stood trial as Bandila and Dollosa remain at large as to this time. Ampatuan and Al Haj were convicted by the anti-graft court in March 2019.
The anti-graft subsequently denied their motion for reconsideration, prompting them to elevate the case to the SC.
Ampatuan said he was denied due process due to the negligence of his lawyer and the Sandiganbayan.
Specifically, he claimed that his right against self-incrimination was violated because was compelled to testify against himself, and his right to due process denied because he was not given the chance to produce evidence for his defense.
But the SC denied his and Al Haj’s motion for lack of merit.
