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Sandiganbayan convicts Sajid Ampatuan P393M in public funds embezzled
By J.Lo
“Review of overwhelming documentary and testimonial evidence reveals evident bad faith on the part of accused Ampatuan… pieces of evidence clearly show that he deliberately orchestrated fictitious payments to various contractors and suppliers for infrastructure projects not implemented,” Sandiganbayan has convicted former Maguindanao Governor Sajid Ampatuan of graft and malversation of public funds.
In 66-page decision court sentenced Ampatuan to an indeterminate prison term of eight years and one month to 12 years for violating Section 3(e) of Republic Act 3019, Anti-Graft and Corrupt Practices Act.
He was also found guilty of malversation under Article 217 of Revised Penal Code, he received sentence of reclusion perpetua 20 to 40 years imprisonment and fine of P393 million, amount embezzled.
In addition, Ampatuan was ordered to repay same amount to government, with 6% annual interest, starting from finality of decision until full payment.
He was also permanently disqualified from holding any public office.
Ampatuan is currently at large.
Charges against Ampatuan and provincial auditor Danny Calib stemmed from special audit conducted by Commission on Audit (COA), focusing on transactions in Maguindanao and selected municipalities in Autonomous Region of Muslim Mindanao in 2009.
As acting governor, Ampatuan signed several Memoranda of Agreement (MOAs) with Department of Agrarian Reform (DAR) for farm-to-market road projects in the province. He requested P500 million from DAR for these projects, and DAR initially released P200 million.
Provincial treasurer Osmena Bandila issued official receipts as proof of transfer. Ampatuan approved disbursement vouchers that led to cash advances for Bandila, totaling P393 million.
These funds were purportedly paid in cash to contractors and suppliers for road projects. John Dollosa, provincial accountant, provided liquidation reports and certified that nearly entire P500 million had been spent on agricultural supplies and road projects between June and September 2009.
After Ampatuan Massacre on November 23, 2009, and declaration of martial law in the Municipality of Ampatuan, COA audit team led by Calib was reassigned, prevented post-audit of transactions from September to November 2009.
In July 2011, special audit by COA Special Audit Office (SAO) revealed irregularities in use of DAR funds. Audit found P393 million had been disbursed without following legal procedures, including absence of public bidding and certification for incomplete projects.
Sandiganbayan ruled Ampatuan acted in evident bad faith by facilitating fraudulent payments to contractors and suppliers for infrastructure projects that were never executed.
Although Ampatuan claimed he did not sign four specific disbursement vouchers, court held him accountable as acting governor at the time, citing his approval of numerous other disbursements to Bandila.
“Court noted numerous Disbursement Vouchers subject of these cases, representing grant of cash advances to accused Bandila amounting to P393 million, all approved by accused Ampatuan,” decision read.
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