FORMER Maguindanao governor Datu Sajid Islam Ampatuan has received a second sentence of reclusion perpetua for malversation of public funds after the Sandiganbayan found him guilty of pocketing P393 million of P400 million in public funds that were
supposed to go to road projects for the province 15 years earlier.
In a 66-page decision penned by Associate Justice Bernelito R. Fernandez, the anti-graft court’s Third Division also convicted Ampatuan on a separate charge of violation of the Anti-Graft and Corrupt Practices (RA 3019) in relation to the same embezzled funds for which he was meted eight years imprisonment with perpetual disqualification from holding public office.
On top of the hefty jail sentences, Ampatuan was also ordered to pay fines amounting to P393 million, equal to the amount embezzled, and another P393 million as restitution to the Republic of the Philippines, payable to the Bureau of Treasury.
Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Ronald B. Moreno concurred.
The same division and justices also convicted Ampatuan on March 10, 2023 on charges of graft and malversation of public funds and sentenced him to eight to 12 years in jail for the first criminal offense and reclusion perpetua on the second one.
In the recent ruling issued October 18, 2024, the Sandiganbayan said hundreds of documents and testimonies of prosecution witnesses clearly established that Ampatuan pocketed millions in taxpayers’ money by fabricating documents to cover up ghost road projects.
“A review of the overwhelming documentary and testimonial evidence reveals evident bad faith on the part of accused Ampatuan. The pieces of evidence clearly show that he deliberately orchestrated fictitious payments to various contractors and suppliers for the infrastructure projects which were not implemented,” the court said.
Based on evidence presented during trial, the P400 million came from the Department of Agrarian Reform and was released to the provincial government to implement construction of 22 farm-to-market roads (FMR).
State auditor Arnel Pascual and current COA Region 5 Office regional director Joel Estolatan testified that none of the infrastructure contracts underwent public bidding; the money for the road projects were released as cash advances instead of being drawn as checks; and onsite inspection by a technical team from the COA found the roads in poor condition or nearly impassable.
Likewise, auditors said the supposed implementation of the subject 22 FMR projects from June 1 to Aug. 31, 2009 was “highly improbable” considering there were very few equipment to support 61 other projects simultaneously being implemented at that time and it was impossible to provide 556,730 liters of gasoline in one day secured from the Shariff Aguak Petron because of its limited storage capacity. The fuel station was owned by Ampatuan’s brother, Andal Ampatuan Jr.
In addition, Petronilo Sebastian Jr., owner of Sebastian Construction Inc., denied any transaction with the provincial government of Maguindanao in 2009. He said the disbursement vouchers, official receipts, and other documents bearing his signature that were presented as part of the fund liquidation were not signed by him hence, fabricated.
In convicting Ampatuan on the malversation case, the court noted that the P393 million cash received from DAR remains unliquidated up to this day despite repeated demands from the COA.
“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,” it said.
However, the court acquitted State Auditor Danny Calib, the COA-ARMM Audit team leader from 2005 to 2010 for Maguindanao, citing the absence of evidence to show that he took or misappropriated any portion of the money or that he allowed another person to take the sum through negligence.
“Nothing shows that accused Calib was even part of an alleged “grand scheme to ensure that public funds will be stolen through fictitious infrastructure projects with impunity,” as the prosecution contends. His name does not even appear in the notice of disallowance,” the Sandiganbayan said.
