The Sandiganbayan building in Quezon City, Feb. 19, 2020. Jonathan Cellona, ABS-CBN News/File  

MANILA — The Sandiganbayan has convicted former Maguindanao governor Datu Sajid Islam Uy Ampatuan of graft and malversation over irregularities in the disbursement of P400 million intended for the construction and rehabilitation of various Farm-to-Market Roads in the province in 2009.

In a 66-page decision promulgated on October 18 but released on Monday, the anti-graft court's Third Division found Ampatuan guilty beyond reasonable doubt for both charges. 

"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," it said. 

The Sandiganbayan said Ampatuan is liable after he entered into several undated Memoranda of Agreements with the Department of Agrarian Reform for the said projects.

"By entering into these MOAs, he assumed various obligations including the proper administration of the subject projects, from the disbursement of the funds allocated for the purpose up to the monitoring and the eventual submission of financial and auditing documents," it said. 

"Moreover, he was still accountable and responsible for the public funds through his participation in the use or application thereof. It was incurred bent 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 anti-graft court added.

The graft conviction carries an indeterminate penalty of imprisonment ranging from eight years and one month to 12 years maximum. 

Ampatuan is also perpetually disqualified from holding any public office. 

For the malversation charges, the Sandiganbayan ordered Ampatuan to pay back P393 million equal to the amount of public funds malversed. 

Ampatuan must also pay P393 million as restitution to the government, through the Bureau of Treasury, with interest of 6% per year from finality of the decision. 

In February 2023, the Sandiganbayan also found Ampatuan guilty of multiple counts of graft, malversation and falsification of public documents for the purchase of construction supplies of school building repairs from non-existent suppliers. 

Other accused former Maguindanao provincial accountant John Estelito Dollosa and provincial treasurer Osmeña Bandila remain at large so the decision only covered Ampatuan and state auditor Danny Calib.

The anti-graft court acquitted Calib of graft and malversation for failure of the prosecution to prove his guilt beyond reasonable doubt. 

"Clearly, accused Calib, as the COA Auditor, had no participation in the preparation of the documents for the implementation of the subject FMRs as well as the disbursement of the funds for these projects. He is neither an employee of the Province of Maguindanao nor was he involved in the grant, utilization and liquidation of the cash advance," it said. 

"The prosecution was unable to prove that accused Calib appropriated, took, misappropriated or consented, or through abandonment or negligence, permitted another person to take them, as alleged in the subject Amended Information. 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," the Sandiganbayan explained. 

With the acquittal, the Third Division ordered the recall and setting aside of the Hold Departure Order issued against Calib for both cases. 

It also called for a copy of the decision be sent to the Bureau of Immigration for appropriate action.

Aside from archiving the cases against Dollosa and Bandila, the anti-graft court also ordered the issuance of alias warrants for the arrest of the two.

RELATED VIDEO