Misuari wants his Sandigan cases reinvestigated

MANILA, Philippines — Moro National Liberation Front founder Nur Misuari has asked the anti-graft court Sandiganbayan to order a reinvestigation of his criminal cases in connection with the alleged anomalous procurements amounting P115.2 million during his term as the governor of the Autonomous Region in Muslim Mindanao.

In his 11-page omnibus motion filed before the court's Third Division on November 3, Misuari, through his lawyer, Manolo Flores, said he was not given an opportunity by the Office of the Ombudsman to answer the allegations against him before filing of the cases in court.

“Accused Nur Misuari most respectfully request the Honorable Third Division of the Sandiganbayan to refer the present cases against him for preliminary investigation by the Ombudsman and to defer the date of his arraignment if it is already scheduled,” Misuari's motion read.

Filed by the ombudsman before the Sandiganbayan on May 22, the charges against Misuari involve three counts of graft and another three counts of the complex crime of malversation of public funds through falsification of public documents.

The cases stemmed from the alleged anomalous procurement of educational materials and kits for public schools in 2000 and 2001 amounting to P115.2 million.

The ombudsman said none of the purchased materials were ever delivered. Instead, the respondents allegedly falsified disbursement vouchers, purchase orders, canvass reports, sales invoices, delivery receipts and other supporting documents to make it appear that the transactions with the three suppliers were above board.

Named as Misuari's co-accused in the cases were former regional officials of the Department of Education.

In his motion, Misuari claimed that he was not even notified by the ombudsman that there was a standing complaint against him.

Thus, Misuari said, he was “shocked” upon learning from the media that cases have already been filed against him before the Sandiganbayan and worse, that the court's Third Division had already issued an arrest warrant against him.

The Third Division issued the arrest warrants against Misuari and his seven co-accused on August 31 after it ruled that there was probable cause to hold them on trial for the cases.

Misuari surrendered before the National Bureau of Investigation in Davao City on September 19 and on the same day, posted P460,000 bail bond before the Davao City Regional Trial Court.

In his motion, Misuari claimed that the ombudsman's order dated Dec. 8, 2014 directing him to submit a counter affidavit on the complaint against him was “erroneously” sent by the anti-graft body to the Office of the Regional Governor of ARMM in Cotabato City. Misuari said he was no longer the sitting governor at that time, thus the order should have been sent to his residence in Zamboanga City.

Misuari said that because of the ombudsman's lapses, “he was not informed of the accusations hurled against him,” and thus, was deprived of his statutory right to defend himself.

“For lack of preliminary investigation, herein, accused was deprived of his right to adduce controverting documents against the complaint lodged against him,” Misuari said.

Misuari further claimed that in its June 17, 2017 resolution on the complaint, the ombudsman stated that the questionable payments to two of the three suppliers were made in 2003 and 2004, the time when he was no longer the governor of ARMM.

“Based on the foregoing, it is impossible that accused Nur Misuari could be liable for the anomalous release of the alleged amounts of payments to CPR Publishing and MBJ Learning Tools...because he was no longer the Regional Governor of ARMM as his term had long expired on September 30, 2001,” the motion read.

In the formally filed cases before the Sandiganbayan, however, the ombudsman said P31 million was paid to MBJ Learning Tools on Dec. 21, 2000 while P46.261million was paid to CPR Publishing on July 24, 2001 both for the supply of information technology packages.

An amount of P37.959 million, meanwhile, was supposedly paid to White Orchids Printing and Publishing House in September 2001 for the supply of educational materials.

Misuari prayed to the Third Division to defer or hold in abeyance his arraignment until his omnibus motion is resolved with finality.