Ex-Maguindanao governor guilty of graft, malversation

COTABATO CITY – Former Maguindanao governor Sajid Ampatuan has been found guilty of graft and malversation of public funds and was ordered by the Sandiganbayan to pay over P79 million and sentenced him to reclusion perpetua or up to 40 years in prison for each of the eight cases.

Ampatuan, scion of a political family, behind the gruesome murder of 58 people, mostly journalists, in Maguindanao province in December 2019. His brothers Zaldy and Andal were convicted of 57 counts of murder in 2009, although he was acquitted in the case.

The Sandiganbayan said it found Ampatuan guilty beyond reasonable doubt on four counts of graft and four counts of malversation of public funds through falsification of public documents.

This was also reported by CNN Philippines which said that Ampatuan was sentenced to reclusion perpetua, or 20 to 40 years of jail time, for each of the first three counts of malversation of public funds, 14 to 18 years for the fourth count of malversation, and six to eight years of prison time for each count of graft.

The report, quoting the decision of Sandiganbayan, said that between December 2008 and September 2009, Ampatuan falsified public documents to make it appear that over ₱79 million in public funds were used to buy rice, sardines, brown sugar, and dried fish from different suppliers even without such procurement being made for the provincial government.

Suppliers that turned out to be fictitious were H&S Merchandise, Nestor Merchandise, N&S Merchandise, and Isulan General Merchandise. The Department of Trade and Industry, the Securities and Exchange Commission, and the Business Permits and Licensing Section of Isulan, Maguindanao attested that none of these suppliers had been registered and issued permits to conduct business.

The court said Ali Abpi, former Maguindanao Provincial Budget Officer and member of the province's Bids and Awards Committee, was also found guilty of five counts of graft and five counts of malversation of public funds. Abpi was sentenced to reclusion perpetua or up to 40 years jail time for each of the first four counts of malversation, 14 to 18 years of imprisonment for the fifth count of malversation and six to eight years of jail time for each of the five counts of graft.

The court ordered Ampatuan and Abpi to pay ₱79.75 million, the amount of the diverted funds. They were also permanently barred from holding public office.

“Pieces of evidence have proven beyond doubt that said accused deliberately and maliciously orchestrated the simulated purchases from fictitious suppliers in order to divert public funds for their benefit. The absence of public bidding and the resort to a negotiated procurement without legal cause bespeak not only of accused Ampatuan and Abpi's breach of their sworn duty as public officials, but also of their fraudulent and malevolent intent to steal public funds,” the Sandiganbayan said in its 162-page decision.

CNN Philippines also reported that Ampatuan defended himself from the allegations, saying his signatures were forged and computer generated and that he was out of the country on the recorded dates of purchase, but prosecution witnesses do not know his signature, and some purchases did not have his signatures.

“We are not persuaded, without clear, positive, and convincing evidence, there is, therefore, no basis to declare the signatures of accused Ampatuan on the subject documents as forgeries. Accused Ampatuan cannot evade culpability by the simple expedient of denying his signatures on the disputed documents,” the court said. (Mindanao Examiner, CNN Philippines)