Former Autonomous Region in Muslim Mindanao (ARMM) governor Nur P. Misuari and six other persons were convicted by the Sandiganbayan of graft in two cases involving P77 million worth of irregularly procured education materials in 2000 and 2001.
However, Misuari and his six co-accused were acquitted of malversation through falsification charges for failure of the prosecution to prove their guilt beyond reasonable doubt.
Misuari, who attended the promulgation of the decision on Friday morning, May 24 via video conferencing, was sentenced to six to eight years imprisonment for each of the two graft cases and ordered perpetually disqualified to hold public office.
Also found guilty by the anti-graft court were former Department of Education - ARMM director III Leovegilda P. Cinches, chief accountant Pangalian M. Maniri, supply officer Sittie Aisa P. Usman, accountant II Alladin D. Usi, Commission on Audit - ARMM resident auditor Nader M. Macagaan, and CPR Publishing owner Criseta D. Ramirez.
Together with Misuari, they were also acquitted of malversation through falsification charges.
Misuari and his co-accused were charged with the irregular payment of P31,000,000 to MBJ Learning Tools on Dec. 21, 2000 for the purchase of an Information Technology package even though it was not delivered.
They were also charged in the July 24, 2001 payment of P46,261,250 to CPR Publishing for the procurement of a Multi-Media Information Technology Package despite the fact that these goods were not delivered.
"We find that the accused were able to give unwarranted benefit, advantage, and preference to MBJ Learning Tools resulting to the release of public funds to the said supplier. Accordingly, we hold that the prosecution has discharged its burden of proving the guilt of the herein accused with moral certainty," the court's decision stated.
The anti-graft court likewise found that the prosecution's evidence all supported the payment made to CPR Publishing despite the non-delivery of the IT package.
As for the malversation thru falsification charges, they were accused of misappropriating the funds of the DepEd-ARMM in the abovementioned amounts by means of falsifying requisition vouchers, purchase orders, sales invoice, disbursement vouchers, schedules of accounts payable, and other similar documents.
However, the court ruled that the prosecution failed in establishing their guilt beyond reasonable doubt. Where there is reasonable doubt, the court said that the accused must be acquitted.
The 68-page decision was signed by Presiding Justice Amparo M. Cabotaje-Tang and Associate Justices Bernelito R. Fernandez and Ronald B. Moreno.