Sajid Ampatuan found guilty of graft, malversation of public funds

The Sandiganbayan has found former Maguindanao governor Datu Sajid Islam Ampatuan guilty of graft and malversation of public funds over the non-implementation of P400 million worth of construction and/or rehabilitation of farm-to-market (FMR) road projects in Maguindanao in 2009.

In a 66-page decision promulgated on October 18, the Sandiganbayan sentenced Ampatuan an indeterminate penalty of imprisonment ranging from 8 years and 1 month up to 12 years for violating Section 3 (e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.

As for the crime of malversation of public funds under Article 217 of the Revised Penal Code, Ampatuan was sentenced to reclusion perpetua and ordered to pay a fine equivalent to P393 million, representing the value of the amount malversed.

“The cash advances incurred for the subject FMR projects should have been liquidated in 2009 or 2010. However, accused Ampatuan failed to liquidate the cash advances despite repeated demands from the Commission on Audit (COA),” the Sandiganbayan said.

Likewise, the anti-graft court said that Ampatuan approved the disbursement vouchers for cash advances for the said projects, all of which were later issued notices of disallowance by the COA.

“Hence, it is without doubt that he appropriated, took, misappropriated or consented, or through abandonment or negligence, permitted another person to take them — is present. 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 twenty-two FMRs,” the Sandiganbayan added.

By entering into several memorandum of agreements with the Department of Agrarian Reform (DAR) for the implementation of various infrastructure projects of Maguindanao and for requesting the immediate release of the fund from DAR, “Ampatuan is accountable for the public funds even if his duty did not require the possession or custody of public funds," the court added.

“He was still accountable and responsible for the public funds through his participation in the use or application thereof. It was incumbent upon him to exercise due diligence in utilizing the funds solely for the intended purpose in accordance with the fiscal responsibility reposed in him,” the Sandiganbayan added.

As restitution, Ampatuan was also ordered to pay the same amount to the Philippine government through the Bureau of Treasury, with interest of 6% per annum from the finality of the decision until fully paid.

Ampatuan was likewise perpetually disqualified to hold any public office. —KG, GMA Integrated News