THE Sandiganbayan has denied separate motions for reconsideration filed by former Maguindanao governor Datu Sajid Islam Ampatuan and co-accused former provincial agriculturist Mosibicak Guiabel to their conviction for graft and malversation through falsification of public documents on March 10, 2023.
In its 15-page resolution released last June 7, the anti-graft court’s Third Division affirmed Ampatuan’s sentence of reclusion perpetua for the malversation case and 8 to 12 years for the graft charge.
Guiabel on the other hand, is facing 16 to 24 years for two counts graft and double reclusion perpetua for two counts of malversation.
Associate Justice Bernelito R. Fernandez penned the ruling with Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Ronald B. Moreno concurring.
In the assailed decision, the Sandiganbayan found the defendants guilty of conspiracy in connection with the bogus procurement of farm supplies worth P98.25 million in 2005.
Aside from Ampatuan and Guiabel, also convicted was former provincial budget officer Datu Ali Abpi on two counts of graft for which he was meted 16 to 24 years imprisonment.
Prosecution evidence and testimonies of government auditors established that the supposed procurement of P50 million and P98. 25 million worth of fertilizers, palay and corn seeds never took place.
The supposed supplier, Tamoni Enterprises, denied having done any transaction with the provincial government of Maguindanao.
In his appeal, Ampatuan said there was no evidence to show his direct participation in the transactions.
He pointed out that he did not take part in the proceedings of the Bids and Awards Committee (BAC) and had no hand in picking the winning supplier.
The former governor also stressed that he did not sign any disbursement voucher, purchase requests, or purchase order which he said were essential documents requiring his personal approval.
The Sandiganbayan said the defendant did not raise any new issue to warrant the grant of his appeal.
“After a careful review of the arguments raised by the parties, this Court finds no compelling reason to amend, alter, or revise or even reverse the assailed Decision,” it declared.
The court held that when Ampatuan entered into a memorandum of agreement on June 8, 2009 and signed the disbursement voucher on the same date, he already allowed public funds in the sum of P98.25 million to be released for a fictitious purchase “in a grand scheme to cause undue injury to the government.”
“It cannot be denied that accused-movant Ampatuan was given every opportunity to present vital documents in his favor… that would prove that he performed his duties under the MOA. However, he miserably failed to do so,” the Sandiganbayan said.
