The Sandiganbayan found former Maguindanao governor Sajid Islam Ampatuan guilty of graft and the malversation of public funds over the non-implementation of the Php 400 million funds allocated for the Farm to Market Roads (FMRs) in the said province.
In 2009, Ampatuan and the other accused public officers, unlawfully acquired cash advances with Ampatuan’s approval. According to the Sandiganbayan, the FMRs were not implemented and submitted, despite the existing laws to the damage and prejudice of the Province of Maguindanao.
The court also indicated that the former Governor of Maguindanao entered into several undated Memoranda of Agreements (MOAs) with the Department of Agrarian Reform (DAR) for the FMRs’ rehabilitation and/or construction. Through this, Ampatuan assumed various obligations, including the proper administration of the subject projects and the disbursement of funds.
Consequently, the court highlighted that “by entering into several MOAs with the DAR for the implementation of various infrastructure projects of the Province of Maguindanao and for requesting the immediate release of the fund from DAR, accused Ampatuan is accountable for the public funds even in his duty did not require the possession or custody of public funds.”
Therefore, the decision indicated that the abandonment and negligence on his part, allowed for such persons to engage in the unlawful scheme.
“Accused Ampatuan, using his position and employing an unlawful scheme, was able to misappropriate the amount meant for the construction, repair, and rehabilitation of the subject 22 FMRs,” the Sandiganbayan said.
Due to this, the court found Ampatuan guilty beyond reasonable doubt for violating the Republic Act (RA) No. 3019 or the Anti-Graft and Corrupt Practices Act. He will face eight years and one month in prison to 12 years as a maximum.
He was also found guilty of the malversation of public funds under Article 217 of the Revised Penal Code and will be sentenced to reclusion perpetua and is ordered to pay a fine worth Php 393,000,000, which represents the amount malversed.
On the other hand, his co-accused Danny Taki Calib was acquitted of his charges for the failure to prove his guilt. Meanwhile, an arrest warrant was issued for John Estelito Dollosa and Osmeña Bandila.
Ampatuan is also perpetually disqualified to hold any public office.
