THE Sandiganbayan has issued two separate resolutions rejecting any further appeal by former Maguindanao governor Datu Sajid Islam Ampatuan to his conviction on multiple counts of graft, malversation of public funds, and falsification of public documents.
Citing the defendant’s non-appearance during the promulgation of judgment in his cases on January 13 and May 5, 2023 without valid reasons, the court said Ampatuan should have surrendered or placed himself under its jurisdiction to avail of post-conviction remedies.
But since the accused did not personally present himself in court 15 days after conviction nor filed a notice of appeal, the Sandiganbayan held that he can no longer seek any kind of relief.
“Accused Ampatuan has lost his standing in court as a consequence of his failure to appear, without justifiable cause, at the promulgation of judgment, and he had failed to regain such standing by not complying with the twin requirements. Bereft of standing in court, he cannot invoke its jurisdiction to seek relief,” the Sandiganbayan said.
With the forfeiture of his bail bonds and the issuance of an order of arrest, Ampatuan will head straight to prison once law enforcement agencies serve the warrant against him.
The rulings were penned by Associate Justice Maryann E. Corpus-Mañalac, with Associate Justices Rafael R. Lagos and Maria Theresa V. Mendoza-Arcega concurring.
On January 13, 2023, Ampatuan was pronounced guilty of eight counts each of graft and falsification of public documents pertaining to bogus procurement of fuel from a gasoline station he owned in Shariff Aguak, Maguindanao and was meted a total of 54 to 112 years imprisonment.
He was also told to pay P22.37 million in civil indemnity to the province of Maguindanao on top of P40,000 in fines.
Last May 5, he was again convicted on one count each of graft and malversation of public funds in relation to ghost procurements of food supplies worth P16.32 million in 2009.
He was sentenced to six to 10 years for graft and 10 to 18 years for malversation of public funds or a total of 16 to 28 years, together with former Maguindanao budget officer Datu Ali Abpi.
Both were also ordered to pay a fine in the amount of P16,317,559 equivalent to the amount malversed.
“To reiterate, the Court holds that the failure of accused-movant to regain his standing in court rendered the judgment of conviction against him in these cases final and immutable,” the Sandiganbayan added.
