The Sandiganbayan has affirmed the conviction of Moro National Liberation Front founding chairman Nur Misuari in two graft charges over the ghost purchase of  information technology (IT) educational materials worth P77.26 million when he was governor of the Autonomous Region in Muslim Mindanao (ARMM) in 2001.

The anti-graft court denied the motions for reconsideration filed by Misuari, former Department of Education (DepEd)-ARMM director Leovigilda P. Cinches, accountant Alladin D. Usi, supply officer Sittie Aisa P. Usman, Commission on Audit-ARMM resident auditor Nader M. Macagaan, chief accountant Pangalian M. Maniri, and private individual Cristeta D. Ramirez of CPR Publishing.

In the anti-graft court's decision promulgated last May 24, Misuari and his co-accused were sentenced to six to eight years imprisonment for each graft conviction with perpetual disqualification from holding public office. 

However, the decision acquitted them of two malversation through falsification of public documents charges due to the failure of the prosecution to prove their guilt beyond reasonable doubt.

They appealed their conviction by filing separate motions for reconsideration as they argued that the court's finding on the alleged "ghost" deliveries have not been established. Misuari even said in his motion that the non-delivery of items was based merely on "conjectures, speculations, and surmises."

Misuari also said that the photocopies presented by the prosecution during trials were of "dubious authenticity," and he claimed that his signature had been forged.

However, the Sandiganbayan denied their motions. "Contrary to the position taken by the herein accused, we reiterate that the prosecution was able to establish all these elements with moral certainty," it said. 

"Prescinding from all the above-mentioned circumstances, we maintain that the prosecution has sufficiently established that the scheme designed and executed by the herein accused gave unwarranted benefits, advantage, and preference to accused Cristeta D. Ramirez, and caused undue injury to the government," it added.

The 24-page resolution was signed by Presiding Justice Amparo M. Cabotaje-Tang and Associate Justices Bernelito R. Fernandez and Ronald B. Moreno.

The criminal charges stemmed from the payments made to MBJ Learning Tools on Dec. 21, 2000 of P31 million and CPR Publishing on July 24, 2001 of P46.261 million for the supply of IT packages for public elementary and high schools in the province.

However, state prosecutors said that the IT packages were never delivered and the officials were accused of falsifying documents to make it appear otherwise.