Sandigan affirms Ampatuan’s conviction

For graft, malversation, falsification

MANILA, Philippines — The Sandiganbayan has affirmed its rulings convicting former Maguindanao governor Sajid Ampatuan for graft, malversation and falsification in connection with various cases.

In a resolution dated May 29 and released on Friday, the anti-graft court’s fifth division denied Ampatuan’s plea to be allowed to avail himself of post-conviction remedies, including the filing of motions for reconsideration.

Ampatuan failed to appear during the promulgation of judgment on May 5 over the fictitious procurement of food supplies worth P16.3 million in 2009.

The court said the former governor lost his “standing in court.”

Due to Ampatuan’s failure to regain his standing in court, the fifth division said the May 5 conviction ”had acquired finality.”

The court reiterated the issuance of the corresponding warrant of arrest and cancellation of his bail bond.

Ampatuan claimed that he was not able to attend the promulgation because his counsel was not notified.

However, the fifth division said the former governor was sent a notice at his last known address on April 20.

One of the law firms that entered an appearance as Ampatuan’s collaborating counsel was also notified.

“The promulgation in absentia complied with the requirements that the judgment be recorded in the criminal docket and that a copy of the decision be served upon the accused or counsel... The court holds that the promulgation in absentia in these cases was valid,” the ruling penned by Associate Justice Maryann Corpus-Mañalac read.

The court said it was not the first time that Ampatuan failed to attend the promulgation of the decision of the cases filed against him.

In a separate resolution dated March 10, but released only last week, the fifth division denied Ampatuan’s motion to reconsider his conviction for eight counts of graft and malversation promulgated on Jan. 13.

Ampatuan had earlier been convicted of multiple counts of graft, falsification and malversation over ghost projects during his stint as public official.

The fifth division had earlier sentenced Ampatuan to a total of 112 years in prison for the cases.

Under Section 6, Rule 120 of the Rules of Court, an accused who failed to attend the promulgation of judgment of his case may regain his good standing in court if he surrenders within 15 days from the date of promulgation and file a motion for leave to avail of legal remedies stating the reason for his absence.