The Sandiganbayan has affirmed the conviction of former Maguindanao governor Datu Sajid Islam Ampatuan for graft and malversation of public funds on the P393 million construction and rehabilitation of farm-to-market roads (FMRs) in 2009.
Ampatuan, who is currently the vice mayor of Shariff Saydona Mustapha town in Maguindanao, was convicted on Oct. 18, 2024 and sentenced to eight to 12 years imprisonment for graft with perpetual disqualification from holding public office, and reclusion perpetua for malversation of public funds.
He was also ordered to pay a fine of P393 million which was equivalent to the funds malversed.
He then filed a motion for reconsideration on Nov. 4, 2024, arguing that the testimonies of the alleged contractors should not have been given credence during trial.
Also, he said the anti-graft court did not consider the Certificates of Completion and Final Inspection Reports issued by the Department of Agrarian Reform (DAR).
But the Sandiganbayan said that Ampatuan's arguments are not "compelling" enough to warrant a reversal of his conviction.
The court said it was not persuaded by the contention of Ampatuan that it overlooked the supposed Certificates of Completion and Final Inspection Reports issued by the DAR given the Special Audit Report of the Commission of Audit (COA), which found them "in poor condition, submerged in water, heavily vegetated."
"Plainly, the above mentioned ocular inspections showing the unserviceability and uselessness of the subject farm-to-market roads overshadowed the claim of the supposed certifications mentioned by movant-accused Ampatuan in his motion for reconsideration," it also said. .
It pointed out that Ampatuan's action caused undue injury to the government when he deliberately orchestrated fictitious payments to various contractors and suppliers for the infrastructure projects that were not implemented.
The contractors and suppliers were paid in cash secured through cash advances that were approved by Ampatuan itself, it said.
"All told, movant-accused Ampatuan utterly failed to raise any new and/or substantial matters," the court ruled.
The 10-page resolution was written by Associate Justice Bernelito R. Fernandez with the concurrence of Third Division Chairperson Associate Justice Karl B. Miranda and Associate Justice Ronald B. Moreno.