The Sandiganbayan has convicted former Maguindanao governor Datu Sajid Islam Uy Ampatuan of graft and malversation of public funds involving P393 million when he was governor in 2009.
In a decision handed down last Oct. 18, the anti-graft court’s third division sentenced Ampatuan to prison term ranging from eight years and one month to 12 years for graft. He was also barred perpetually from holding public office.
For malversation of public funds, Ampatuan was meted out a jail term of reclusion perpetua (imprisonment ranging from 20 to 40 years) and ordered to pay a fine of P393 million and restitute the government of the same amount with six percent interest annually until fully paid.
Ampatuan’s co-accused, Danny Taki Calib – then provincial auditor – was acquitted of both charges.
The hold departure orders issued against Calib were ordered recalled and set aside and the bail bonds he posted were ordered released.
The two other co-accused – John Estelito G. Dollosa and Osmena M. Bandila, then provincial treasurer and former provincial account, respectively – remained at large.
The cases against Dollosa and Bandila were archived and warrants of arrests were re-issued against them.
Ampatuan and his co-accused were charged with graft for causing undue injury to the provincial government of Maguindanao in the release of P393 million funds for the supposed construction and/or rehabilitation of various farm-to-market roads.
The prosecution said the projects were unimplemented despite the release of the funds.
For malversation, they were accused of failure to account or return the P393 million funds despite demands.
The dispositive portion of the decision written by Associate Justice Bernelito R. Fernandez and concurred in by Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Ronald B. Moreno states:
“Wherefore, premises considered, judgment is rendered in the following manner – for Criminal Case No. SB-20-CRM-0015, this Court finds accused Datu Sajid Islam Uy Ampatuan guilty beyond reasonable doubt of violation of Section 3 (e) of Republic Act No. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, as amended.
“He is hereby sentenced to suffer an indeterminate penalty of imprisonment ranging from eight (8) years and one (1) month, as minimum, to twelve (12) years, as maximum. He shall likewise be perpetuallydisqualified to hold any public office.
“For Criminal Case No. SB-20-CRM-0016, this Court finds accused Datu Sajid Islam Uy Ampatuan guilty beyond reasonable doubt of the crime of malversation of public funds under Article 217 of the Revised Penal Code, as amended, and sentences him to suffer the penalty of reclusion perpetua and to pay a fine equivalent to P393,OOO,OOO, representing the value of the amount malversed.
“As restitution, accused Ampatuan is further ordered to pay the same amount of P393,OOO,OOO the Government of the Republic of the Philippines, through the Bureau of Treasury, with interest of six percent (6%) per annum from the finality of this Decision, until fully paid. He shall likewise be perpetually disqualified to hold any public office.
“On the other hand, accused Danny Taki Calib is hereby acquitted in Criminal Cases Nos. SB-20-CRM-001S and SB-20-CRM-0016 for failure of the prosecution to prove his guilt beyond reasonable doubt.
“The Hold Departure Orders issued against accused Calib in both cases are hereby ordered recalled and set aside. His bail bonds secured for his provisional liberty are hereby ordered released subject to the usual accounting and auditing procedures.
“Send a copy of this Decision to the Bureau of Immigration for its appropriate action.
“Considering that accused Dollosa and accused Bandila remain at-large, despite outstanding warrants for their arrest, send the instant cases to archives subject to revival upon their arrest.
“In the meantime, let the appropriate alias warrants for the arrest of accused John Estelito G. Dollosa and accused Osmena M. Bandila be issued forthwith. So ordered.”