Datu Sajid IslamAmpatuan —Shariff Saydonamustapha/Facebook
MANILA, Philippines — Former Maguindanao Gov. Datu Sajid Islam Ampatuan has been found guilty of graft and malversation of nearly P400 million in public funds that were meant for the construction and rehabilitation of farm-to-market roads, although the projects were never implemented.
Ampatuan was handed down a jail sentence of eight to 12 years for the graft charge, while a penalty of reclusion perpetua (imprisonment of up to 20 to 40 years) was imposed for malversation, according to the 66-page decision of the Sandiganbayan’s Third Division.
READ: Ex-Governor Ampatuan convicted of graft anew
He was also ordered to pay a fine of P393 million, equivalent to the misused funds, and to return the same amount to the government through the Bureau of Treasury, with an annual 6-percent interest from the finality of the decision, until fully paid.
On top of these, the court perpetually disqualified Ampatuan from holding any public office.
Coaccused acquitted
His coaccused in the case, provincial auditor Danny Taki Calib, was acquitted of both charges by the court, which cited the prosecution’s failure to prove his guilt beyond a reasonable doubt.
Ampatuan is currently the vice mayor of Shariff Saydona Mustapha town in Maguindanao. He ran and won in 2022 under the Nacionalista Party.
He was among the 55 people acquitted of murder over the 2009 Maguindanao massacre case, considered one of the most brutal attacks on journalists in history. However, his brothers Andal Jr. and Zaldy Jr. were sentenced to life imprisonment without parole for the killing of 58 people, 32 of them journalists and media workers. Also convicted were other members of the Ampatuan clan, namely, Anwar Sr., Anwar Jr. and Anwar Sajid.
At the time of the massacre, Maguindanao was the bailiwick of the Ampatuans, who were occupying the majority of political posts in the province.
But in this particular case before the Sandiganbayan, luck was not on the former Maguindanao governor’s side.
In siding with the prosecution, the court pointed out that Ampatuan was “accountable for the public funds even if his duty did not require the possession or custody of public funds” when he entered into several agreements with the Department of Agrarian Reform for the implementation of various infrastructure projects in the province, especially the farm-to-market roads.
“Moreover, he was still accountable and responsible for the public funds through his participation in the use or application thereof,” read the decision penned by Associate Justice Bernelito Fernandez and concurred in by presiding Justice Amparo Cabotaje-Tang, the division chair, and Associate Justice Ronald Moreno.
Due diligence
“It was incumbent upon him (Ampatuan) to exercise due diligence in utilizing the funds solely for the intended purpose in accordance with the fiscal responsibility reposed in him,” the decision also said.
The court stressed that the cash advances made for the farm-to-market road (FMR) projects should have been liquidated in 2009 or 2010, but Ampatuan failed to do so despite “repeated demands” from the Commission on Audit.
“Accused Ampatuan, using his position and employing an unlawful scheme, was able to misappropriate the amount meant for the construction, repair and rehabilitation of the subject 22 FMRs,” the court said.