The Sandiganbayan has ordered anew the arrest of former Maguindanao governor and now Shariff Saydona Mustapha town Vice Mayor Datu Sajid Islam Uy Ampatuan who failed to attend the promulgation last Feb. 9 of the decision that found him guilty of 126 counts of falsification of public documents, four counts of graft, and four counts of malversation of public funds.
Ampatuan's conviction arose from the anomalous use of public funds for the repair of school buildings when he was Maguindanao governor.
The Sandiganbayan said public funds amounting to P72,256,140, went to fictitious lumber companies with the use of falsified disbursement vouchers. These fictitious and non-existent companies included Andong Lumberyard and Construction Supply, Nasser Lumberyard and Construction Supply, Ismael Lumberyard and Construction Supply, and Usman Lumberyard and Construction Supply.
For his graft conviction, Ampatuan was sentenced to prison term ranging from six to 10 years for each count with perpetual disqualification from holding public office.
For malversation, he was sentenced to 17 to 18 years imprisonment for each count and ordered to pay the penalties of P15.995 million, P11.748 million, P12.419 million, and P22.018 million, which are equivalent to the amounts malversed.
In a resolution issued last April 20, the Sandiganbayan denied Mayor Ampatuan’s motion to avail himself of post-conviction remedies.
He had pleaded the court to excuse his absence during the promulgation due to gastritis and swollen knees. He said he could barely walk, much less travel due to his medical condition. He submitted a medical certificate which indicated he had to rest for 10 days.
But the court did not heed his allegations. It said that when Ampatuan’s motion was tackled during the promulgation, his lawyer could not give any assurance that Ampatuan would attend the proceedings should the promulgation be suspended for one week.
As seen from the foregoing, there was no indication of accused Ampatuan's intention to appear before the Court," the resolution stated.
The court pointed out that the medical certificate only advised bed rest and provided no indication that Ampatuan could not travel.
"A convicted accused who fails to appear during the promulgation of judgment without justifiable cause loses standing in court and loses the remedies available under the Rules of Court," the court said.
It said that the only way for Ampatuan to regain standing in court is if he surrenders within 15 days from the promulgation of judgment and file a motion for leave of court to file remedies.
But since the 15-day period has passed without Ampatuan filing a motion for reconsideration or notice of appeal, the court said its judgment has become final and executory, it said.
The seven-page resolution was written by Sixth Division Chairperson Sarah Jane Fernandez with the concurrence of Associate Justices Karl Miranda and Kevin Narce Vivero.