MANILA, Philippines – Former Maguindanao governor Datu Sajid Islam Ampatuan has received his second sentence of reclusion perpetua for malversation involving P393 million pocketed in public funds that were supposed to go to road projects in the province.
Ampatuan was found guilty of pocketing P393 million out of the P400 million of the funds for the road projects meant to be implemented 15 years ago.
In a 66-page decision, the Sandiganbayan Third Division also convicted Ampatuan on a separate charge of violating the anti-graft and corrupt practices law related to the same embezzled funds, where he received a sentence of eight years imprisonment and perpetual disqualification from holding public offices.
Ampatuan was also ordered to pay fines which were double what he misappropriated – P393 million for the actual embezzlement, and another P393 million in restitution to the Republic of the Philippines.
The anti-graft court also previously convicted Ampatuan in March 2023 of graft and malversation of public funds. He was sentenced 8 to 12 years imprisonment for the first offense, and reclusion perpetua for the second one.
The Sandiganbayan said in the ruling that hundreds of documents, as well as testimonies of prosecution witnesses clearly established that Ampatuan pocketed the millions in taxpayers’ money by fabricating documents to cover up ghost road projects.
“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 said.
The Department of Agrarian Reform (DAR) released the P400 million to the province to build 22 farm-to-market roads.
State auditors testified that none of the infrastructure contracts underwent public bidding, and the funds were released as cash advances instead of checks.
When a Commission on Audit (COA) technical team visited the roads, they were found in poor condition or almost impassable.
Auditors also flagged that it was “highly improbable” to implement the road construction projects from June to August 2009, since there was very few equipment to support 61 other projects simultaneously being implemented at the same time.
They also found it impossible to provide over 556,000 liters of gasoline in one day secured from the Shariff Aguak Petron gas station because of limited capacity. Ampatuan’s brother, Andal Ampatuan Jr., owned this station.
Petronilo Sebastian Jr., the owner of the certain Sebastian Construction Inc. that supposedly carried out the project, denied any transaction with the Maguindanao provincial government in 2009. He said the disbursement vouchers, official receipts, and other documents bearing his signature for the fund liquidation were fabricated.
The Sandiganbayan also noted that the P393 million in cash the DAR provided remained unliquidated to this day.
“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 twenty two FMRs,” the court said.
The court also acquitted COA-Autonomous Region in Muslim Mindanao auditor Danny Calib of any involvement in the misappropriation of funds. – Rappler.com