The Sandiganbayan has ordered the arrest and trial of Moro National Liberation Front (MNLF) founder Nur Misuari in connection with the irregular purchase of textbooks worth more than P115 million in 2000 and 2001 when he was governor of the Autonomous Region in Muslim Mindanao (ARMM).
In a resolution dated Aug. 31, the antigraft court said it found probable cause to hold Misuari for trial for two counts each of graft and malversation through falsification.
As of press time on Tuesday, however, the court’s Third Division had yet to issue the warrant of arrest. Neither had Misuari posted bail for his temporary liberty.
That’s his problem
Malacañang said it was up to Misuari to handle the case.
The government earlier asked the Pasig Regional Trial Court to defer Misuari’s arrest and trial for rebellion for the deadly 2013 siege of Zamboanga province to allow him to take part in peace talks with Moro rebels.
The court granted the government’s motion, clearing the way for Misuari to come out of hiding.
Presidential spokesperson Ernesto Abella said it was up to Misuari to handle the Sandiganbayan arrest order.
Abella said he could not say if the court order would affect Misuari’s role in peace talks with Moro rebels.
“I cannot categorically say it will not have any effect,” he said. “But at this stage, it would be best if he address the matter directly himself.”
Goods not delivered
The cases against Misuari concerns the P31-million and P46.26-million contracts of the ARMM with MBJ Learning Tools and CPR Publishing for the purchase of multimedia information technology packages.
The Office of the Ombudsman said the goods were not actually delivered.
The court said the cases docketed as SB-17-CRM-1017, 1018, 1020 and 1021 should be tackled in a trial because the Ombudsman had presented sufficient evidence regarding the irregular transactions.
As for the graft and malversation cases docketed SB-17-CRM-1019 and 2022, the court required the Ombudsman to present additional evidence within five days to establish Misuari’s participation.
While the Ombudsman stated that Misuari approved the order for the purchase of P37.96 million in education materials from White Orchids Printing and Publishing House, the court said the document could not be found among the evidence submitted.
The court, however, gave the Ombudsman the chance to present the document but warned: “In the event that the evidence submitted still fails to support the existence of probable cause, the court may then dismiss the pertinent cases against them.”
No ‘inordinate delay’
The court also ruled there was no “inordinate delay” in the Ombudsman’s investigation to warrant the dismissal of the cases, as sought by the defense.
Although 11 years passed from the filing of the complaint dated Dec. 23, 2004, by Sultan Mangacop Umpa Saud and Datu Malik Ampuan, the court said it took the Ombudsman only two years and nine months to complete the preliminary investigation and file the charges, or from Nov. 6, 2013, to Aug. 15, 2016.
Since Misuari’s case was just one of the cases related to the “textbook scam,” the court said the volume of records “necessarily took some time.”
A check with the court showed Misuari actually did not file any motion challenging the basis of the Ombudsman’s indictment.
Instead, the recent resolution denied the motions for judicial determination of probable cause filed by Misuari’s coaccused, former Department of Education (DepEd) Regional Director Leovigilda Cinches and state auditor Nader Macagaan.
The other coaccused are DepEd supply officer Sittie Aisa Usman, chief accountant Pangalian Maniri, and accountant Alladin Usi, as well as CPR Publishing owner Cristeta Ramirez and White Orchids owner Lolita Sambeli. —With a report from Leila B. Salaverria