THE Sandiganbayan has affirmed its October 18, 2024 decision convicting former Maguindanao Governor Datu Sajid Islam Ampatuan of violating the Anti-Graft and Corrupt Practices Act (RA 3019) and malversation of public funds for pocketing hundreds of millions of public funds intended for infrastructure projects in his province in 2009.
Associate Justice Bernelito R. Fernandez penned the 10-page resolution issued March 24, 2025 that denied the defendant’s Motion for Reconsideration for lack of merit. Associate Justices Karl B. Miranda and Ronald B. Moreno concurred.
Based on the assailed ruling, Ampatuan was sentenced to 8 to 12 years imprisonment for graft and reclusion perpetua for malversation.
He was also perpetually disqualified from holding another government position and ordered to pay a P393 million fine and another P393 million as restitution to the Bureau of Treasury, equivalent to the sum he pocketed.
His co-accused, provincial treasurer Osmeña Bandila and provincial accountant John Estelito Dollosa, passed away while the case was on trial while a third co-defendant, state auditor Danny Calib, was acquitted in the absence of sufficient proof of his supposed participation.
In convicting Ampatuan last year, the anti-graft court’s Third Division held that the supposed construction of 22 farm-to-market roads (FMR) out of the P400 million transferred by the Department of Agrarian Reform (DAR) never materialized and the funds were converted by the accused to his personal benefit.
In his motion seeking reversal of his conviction, the accused said the testimonies of prosecution witnesses should have been disregarded for lack of probative value instead of convicting him on a “wholesale basis.”
He argued that contrary to the findings of the court, the DAR even issued Certificates of Completion and Final Inspection Reports to show that the road projects were finished and usable.
The Sandiganbayan, however, pointed out that the supposed contractor for the road projects, Sebastian Construction Inc., was presented in court and its owner denied having any transaction with the provincial government of Mindanao in 2009.
It held that the case records contained “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 auditor Arnel Pascual and Commission on Audit Region 5 Office regional director Joel Estolatan testified that none of the infrastructure contracts underwent public bidding; the money for the road projects was released as cash advances instead of being drawn as checks; and onsite inspection by a technical team from the COA found the roads in poor condition or nearly impassable.
They added that it was “highly improbable” that the construction heavy equipment was able to draw 556,730 liters of fuel in just one day secured from the Shariff Aguak Petron because its underground storage tanks only had a maximum capacity of 31,000 liters. The fuel station was owned by Ampatuan’s brother.
