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Ex-DENR official gets 20 years for graft

By Leila B. Salaverria
Philippine Daily Inquirer
First Posted 23:28:00 09/04/2010

Filed Under: Government offices & agencies, Crime, Graft & Corruption

MANILA, Philippines?The Sandiganbayan has convicted a former official of the Department of Environment and Natural Resources of malversation of public funds for misappropriating P44.532 million worth of environmental fees and other forest charges.

The antigraft court?s special second division sentenced Datu Lami Mama, former assistant secretary for operations of the DENR in the Autonomous Region in Muslim Mindanao to 20 to 34 years? imprisonment, ordered him to pay a P44.532-million fine and directed him to pay back to the government the amount he had misappropriated.

A statement from the Office of the Ombudsman said Mama was charged based on the findings of the Commission on Audit, which showed that the environmental management fees and other forest charges of the DENR-ARMM had not been deposited to the regional treasury.

The funds were remitted to Mama or to his bank account.

Ombudsman prosecutors later showed that the DENR-ARMM?s collector deposited her collections to Mama?s Philippine National Bank account. Mama withdrew the funds from the account and issued checks payable to the collector to be encashed. The proceeds were then turned over to Mama.

In its ruling, the court said that when Mama issued the checks to the collector and later got the proceeds after they were encashed, he had converted government money for his personal use and benefit.

He also did not answer the COA?s demands that he produce and restitute the P44.532 million to the ARMM regional treasurer, the court noted.

It also said he failed to present documents to show how the public funds he received were legitimately used for any public purpose.

?The failure of the accused to provide any opposing evidence, testimonial or documentary, gives credence and weight to the facts sufficiently established by the State against him,? the Sandiganbayan said.

In another case, the antigraft court convicted the acting cashier of the Department of Agrarian Reform?s Provincial Agrarian Reform Office in the ARMM of misappropriating P2.727 million that was meant to pay for the salaries of employees of the office.

Saiki Sarip drew a jail sentence of 23 to 30 years? imprisonment and barred from holding public office.

The court found that Sarip failed to give the employees the salaries due them and condemned the act as gross inexcusable negligence.



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