THE Sandiganbayan Third Division has thrown out the motion of former Tugaya Water District general manager Jamaloden Faisal seeking permission to appeal his conviction on one count each of graft and malversation of public funds on June 23, 2023 in connection to an anomalous water supply project in 2011.
In its resolution dated January 29, 2024, the court affirmed the cancellation of the defendant’s bail, the issuance of a warrant of arrest against him, and declared that its decision had attained finality as of July 8, 2023.
Faisal is facing 6 to 10 years imprisonment for the graft case and reclusion perpetua for the malversation charge. In addition, the court also imposed perpetual disqualification from handling public office against him and ordered him to pay a fine in the sum of P10,074,680.
The case was based on a 2018 indictment wherein Faisal was accused of pocketing the sum provided by the Local Water Utilities Administration (LWUA) for the intended local water supply upgrade project.
Prosecutors said spurious “Physical Accomplishment Reports” were submitted in relation to the project to make it appear that implementation was already underway, but government auditors said the progress reports were never validated and unsupported by any official receipt or other pertinent documents.
NBI investigators Froilan Grageda and Mahatma Sarip testified that an onsite inspection established that the project did not exist as even the proposed reservoir that was reported “59 percent complete” was nowhere to be found.
During promulgation of the decision, Faisal did not appear in court despite notification.
In his motion, he claimed that he was advised by his doctor to isolate at home after exhibiting COVID-19 symptoms on June 21, 2023, or two days before his cases were decided.
At the same time, he said that the court’s decision was not served on him because his residence is in a “war-torn area” which had no internet connection and low signal for mobile phone data.
He added that his advanced age and sickly condition makes it unlikely for him to be a flight risk.
However, the Sandiganbayan affirmed its previous stand that when he failed to appear in court during promulgation, Faisal had already lost his standing in court and was deemed to have waived his right of appeal.
“In the present submissions of Faisal, we note that he was not contesting the Court’s reasons for convicting him of the offenses charged, as well as our justifications for denying his motion for reconsideration. Faisal was merely asking that he be allowed to elevate the records of these consolidated cases to the Supreme Court for further review,” the court noted.
Likewise, it noted there was no pronouncement from the government that there was an active conflict in Tugaya, Lao del Sur at the time of the promulgation.
The defendant was reminded that as a person convicted of a criminal offense punishable by reclusion perpetua, he has already lost his right to bail.
