Sandiganbayan convicts Sajid Ampatuan: P393M in public funds embezzled

MANILA, Philippines (Updated 9:12 p.m.) — The Sandiganbayan has convicted former Maguindanao Governor Sajid Ampatuan of graft and malversation of public funds.

In a 66-page decision issued on October 18, the court sentenced Ampatuan to an indeterminate prison term of eight years and one month to 12 years for violating Section 3(e) of Republic Act 3019, the Anti-Graft and Corrupt Practices Act.

He was also found guilty of malversation under Article 217 of the Revised Penal Code, for which he received a sentence of reclusion perpetua—20 to 40 years imprisonment—and a fine of P393 million, the amount embezzled.

In addition, Ampatuan was ordered to repay the same amount to the government, with 6% annual interest, starting from the finality of the decision until full payment.

He was also permanently disqualified from holding any public office.

Ampatuan is currently at large.

Case background

The charges against Ampatuan and provincial auditor Danny Calib stemmed from a special audit conducted by the Commission on Audit (COA), focusing on transactions in Maguindanao and selected municipalities in the Autonomous Region of Muslim Mindanao in 2009.

As acting governor, Ampatuan signed several Memoranda of Agreement (MOAs) with the Department of Agrarian Reform (DAR) for farm-to-market road projects in the province. He requested P500 million from DAR for these projects, and DAR initially released P200 million.

Provincial treasurer Osmena Bandila issued official receipts as proof of the transfer. Ampatuan approved disbursement vouchers that led to cash advances for Bandila, totaling P393 million.

These funds were purportedly paid in cash to contractors and suppliers for the road projects. John Dollosa, the provincial accountant, provided liquidation reports and certified that nearly the entire P500 million had been spent on agricultural supplies and road projects between June and September 2009.

After the Ampatuan Massacre on November 23, 2009, and the declaration of martial law in the Municipality of Ampatuan, the COA audit team led by Calib was reassigned, which prevented a post-audit of transactions from September to November 2009.

In July 2011, a special audit by the COA Special Audit Office (SAO) revealed irregularities in the use of DAR funds. The audit found that P393 million had been disbursed without following legal procedures, including the absence of public bidding and certification for incomplete projects.

Court's ruling

The Sandiganbayan ruled that Ampatuan acted in evident bad faith by facilitating fraudulent payments to contractors and suppliers for infrastructure projects that were never executed.

“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 stated.

Although Ampatuan claimed he did not sign four specific disbursement vouchers, the court held him accountable as acting governor at the time, citing his approval of numerous other disbursements to Bandila.

“This Court noted the numerous Disbursement Vouchers subject of these cases, representing the grant of cash advances to accused Bandila amounting to P393 million, all approved by accused Ampatuan,” the decision read.

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Erratum: An earlier version of this article incorrectly stated that Sajid Ampatuan is incarcerated. In fact, the suspect remains at large. We regret the error.