The Sandiganbayan has ordered the lawyer of the late Moro National Liberation Front (MNLF) Chairperson and former Sulu Gov. Yusop Hussin Jikiri to explain the filing of a motion for reconsideration despite his manifestation on the death of his client.
In a resolution, the anti-graft court warned that “the Court will be constrained to act accordingly” if the lawyer, Jose Ventura Aspiras, fails to comply with its directive.
Jikiri, together with Department of Agriculture (DA) Regional Field Unit XI Executive Director Oscar Parawan, were sentenced last Nov. 27, 2020 to a total of 16 to 26 years imprisonment on charges of graft and malversation.
Jikiri failed to appear during the promulgation. Aspiras told the court that Jikiri had passed away on Oct. 17, 2020 based on published reports. The court directed the lawyer to file Jikiri’s death certificate which should indicate the place and date of death.
To the court’s surprise, Aspiras instead submitted a motion for reconsideration on Feb. 1, 2021 in a bid to reverse Jikiri's conviction. To clear up the confusion, the court ordered Aspiras to explain.
In his compliance, Aspiras maintained that he did not blatantly misrepresent to the court that Jikiri was dead. He reiterated that he relayed to the court during the promulgation that "he had been informed of Mr. Jikiri's death."
He pointed out that he had no direct contact with Jikiri's relatives and suggested that the Civil Registrar of Indanan, Sulu be subpoenaed to submit Jikiri's certificate of death. He also took note of published reports on Jikiri’s death.
In a resolution written by Associate Justice Ronald B. Moreno dated last June 22, the Sandiganbayan said:
"We recall that our directive to Atty. Aspiras in our Feb. 18, 2021 Resolution is for him to explain why no sanction shall be imposed upon him for making a manifestation with the Court regarding the death of accused Jikiri. We find his explanation on this matter sufficient."
However, the court said it was not convinced why Aspiras had to still file a motion for reconsideration despite his report that his client had died.
"To the Court's mind, the import of this statement is that Atty. Aspiras was moving for the reconsideration of the Court's Decision with the imprimatur of Jikiri. The implication to us is that the motion was filed with the consent or upon the instruction of Jikiri," it said.
The Sandiganbayan found Jikiri and Parawan guilty of graft and malversation in the purchase of P3.25 million worth of fertilizer and soil conditioner back 2004 without public bidding.
The decision stated that they gave Rim Allied Merchandise (RAM) unwarranted benefit when they processed the payment despite the absence of the participation of the Province's Bids and Awards Committee (BAC) during the procurement process.