The Sandiganbayan announced that it has turned down the petition of a former water district official from Tugaya, Lanao del Sur to reverse a court's previous ruling that found him guilty of graft and malversation for the embezzlement of over P10 million of public funds through fictitious water supply improvement project in 2011.
In a seven-page resolution, the Sandiganbayan Third Division affirmed the conviction of Jamaloden Faisal, the former general manager of the Tugaya Water District, for denying his motion for reconsideration due to lack of merit.
In a 23 June 2023 decision, the Sandiganbayan sentenced Faisal to up to 10 years in prison for graft and reclusion perpetua for malversation of public funds.
Apart from jail time, the court also ordered Faisal to pay P10,074,680 million, a fine equal to the amount malversed plus 6 percent interest per year until fully paid.
Faisal was also barred from holding public office and lost all retirement or gratuity benefits under the law.
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The charges against Faisal involved the P10-million construction project for the water supply system in Tugaya, Lanao del Sur, which the Ombudsman later discovered to be non-existent.
Former Ombudsman Conchita Carpio-Morales indicted him in 2018.
State prosecutors accused Faisal of receiving the P10 million as part of the project's first finance. However, it was later uncovered that his submitted documents were fake to support the ghost project.
In junking the plea, the Sandiganbayan said Faisal lost standing in court and lost the remedies available under the Rules of the Court for his "unjustified absence" in the scheduled promulgation of the judgment last 23 June.
According to the Sandiganbayan, Faisal failed to appear before the court, notwithstanding a notice sent to his legal counsel, who sought cancellation of the promulgation.
With this, the court ruled that no action on Faisal's plea can be taken as the court's June decision is "final" and "executory."