The Sandiganbayan denied the plea of former Maguindanao governor Sajid Ampatuan to reconsider its verdict, finding him guilty of embezzling P393 million in public funds in 2009.
In a resolution promulgated on 24 March, the anti-graft court’s Third Division found “no compelling reason” to overturn its decision dated 18 October last year, asserting that the prosecution sufficiently proved all the elements necessary to convict him of graft and malversation of public funds charges.
Ampatuan was found guilty of one count each of graft and malversation of public funds for authorizing the release of cash advances amounting to nearly P400 million to implement 22 farm-to-market road (FMR) projects in various parts of Maguindanao province.
The provincial government entered into a memorandum of agreement (MOA) with the Department of Agrarian Reform Provincial Office, which obtained P7 million of the total allocations for administrative and monitoring requirements.
The prosecution said the provincial government failed to submit documentary and liquidation reports related to the disbursement of funds despite due demand. A subsequent investigation revealed that most of the FMR projects were not implemented.
The Sandiganbayan ruled that Ampatuan committed graft and malversation when he approved disbursement vouchers and authorized payments to fictitious suppliers and contractors to make it appear that the FMRs were implemented.
In challenging the decision, Ampatuan argued, among other things, that there was “falsehood” in the prosecution’s findings on the non-delivery of the 22 FMRs and that they did not inspect all of the projects.
The prosecution, however, countered that its findings were primarily anchored on the report of the Commission on Audit, which discovered that 17 of the FMRs were full of potholes, muddy, vegetated, and impassable—conditions in stark contrast to the certificates submitted by the provincial government.
The Sandiganbayan concurred with the prosecution.
“Plainly, the above-mentioned ocular inspections showing the unserviceability and uselessness of the subject farm-to-market roads overshadowed the claim of the supposed certifications mentioned by movant-accused Ampatuan in his motion for reconsideration,” the court ruled.
As a result, Ampatuan will serve up to 12 years in prison for graft and another up to 40 years (reclusion perpetua) for malversation of public funds. The court also ordered him to pay the government P393 million, “representing the value of the amount malversed.” In addition, he is perpetually disqualified from holding any public office.
Ampatuan faces multiple corruption charges and has been convicted by the Sandiganbayan six times since 2022.