FORMER Autonomous Region in Muslim Mindanao (ARMM) regional governor Nur Misuari and his six co-defendants have failed to convince the Sandiganbayan to reverse its May 24, 2024 decision that pronounced them guilty of graft charges in connection with the alleged irregularities in the procurement of P77.26 million worth of educational supplies in 2000 and 2001.
In a 24-page resolution dated September 17, 2024, the anti-graft court’s Third Division affirmed the conviction of Misuari, Department of Education (DepEd)-ARMM director Leovegilda Cinches, accountant Alladin Usi, Supply officer Sittie Aisa Usman, resident auditor Nader Macagaan, and chief accountant Pangalian Macabunar Maniri.
Also upheld was the conviction of private defendant Cristeta Ramirez, the owner of CPR Publishing which won the supply contract, for one count of graft.
The per curiam ruling (a ruling by the court as a whole) was signed by Presiding Justice Amparo M. Cabotaje-Tang and Associate Justices Bernelito R. Fernandez and Ronald B. Moreno.
All seven are facing six to eight years imprisonment for each count of the criminal offense with an accessory penalty of perpetual disqualification for holding public office against Misuari and the DepEd-ARMM officials.
They were found guilty of conspiring to favor certain suppliers by awarding the P46.26 million contract for 170 sets of Multi-Media Information Technology Package to CPR Publishing and the P31 million procurement contract for IT Packages to MBJ Learning Tools without conducting the required public bidding.
In his motion for reconsideration, Misuari argued that the mere lack of public bidding is not enough basis for a conviction on a charge of violation of the Anti-Graft and Corrupt Practices Act. He also challenged the admissibility of prosecution evidence, claiming that his signature on some documents were forgeries.
The DepEd officials anchored their appeals on the fact that several of the documentary evidence were photocopies of originals and that their signatures were forged.
However, the Sandiganbayan stood pat on its ruling that the totality of the prosecution’s evidence constituted proof beyond reasonable doubt that the defendants were guilty as charged in the graft cases.
“After a careful evaluation of the arguments of the accused, we find no convincing reason to reverse their convictions for violation of the Anti-Graft and Corrupt Practices Act,” the court declared.
It noted that the lack of public bidding was not disputed, and this fact, taken together with the lack of approval from the Committee on Awards, the certification from the Business Permits and Licensing Office of Caloocan City and the Securities and Exchange Commission (SEC) that MBJ Learning Tools had not been registered with them; and the absence of the supplier’s tax records per certification of the Bureau of Interna Revenue (BIR) highlighted the “evident bad faith, manifest partiality, and gross inexcusable negligence by the accused.
In the case of CPR Publishing, in addition to a lack of records of legitimacy with the SEC, the Caloocan City Business Permits and Licensing Office, and the BIR, prosecutors traced its business address which turned out to be the residence of Ramirez which was the same address submitted by MBJ Learning Tools.
“Prescinding from all the above-mentioned circumstances, we maintain that the prosecution has sufficiently established that the scheme designed and executed by herein accused gave unwarranted benefits, advantage, and preference to accused Cristeta Ramirez and caused undue injury to the government,” the Sandiganbayan said.
