Nur Misuari seeks dismissal of Sandiganbayan case

Moro National Liberation Front founding chairman Nur Misuari has sought for the dismissal of his criminal case at the Sandiganbayan over the alleged anomalous purchase of educational materials during his term as governor of the Autonomous Region in Muslim Mindanao.

In his 15-page motion to dismiss, Misuari told the Third Division that there is no evidence that can link him to the irregular transactions. He also raised the issue of inordinate delay against the Office of the Ombudsman.

Misuari is accused of giving undue advantage to CPR Publishing House, MBJ Learning Tools, and White Orchids for the procurement of "ghost textbooks" for ARMM from 2000 to 2001.

He and his co-accused also allegedly falsified procurement documents to justify the legality of the P77.26-million contract.

Misuari was initially charged with three counts each of graft and malversation, but the prosecution dropped one charge of each case. 

However, Misuari said he cannot be liable for the transaction wherein he is no longer the governor of ARMM.

The MNLF leader said the payments to CPR Publishing took place in July 2004, MBJ Learning in December 2003, and for White Orchids in July 2004 and September 2005.

Misuari said these were covered by the incumbency of former ARMM governor Parouk Hussin since his term expired on September 30, 2001.

"It is likewise clear as day that accused Nur Misuari did not receive any money or funds subject matter of the complaint as the demand for payment was made when he was no longer performing the functions of the Office of the Regional Governor of ARMM," Misuari said in his motion.

The issue of conspiracy is also non-existent, according to Misuari, as he was detained in Malaysia from December 2001 to January 2002 and for six years in the Philippines from 2002 to 2008.

Misuari said he was in detention at the Philippine National Police-Special Action Force Training Center in Sta. Rosa, Laguna when the three private companies were paid.

Thus, he said that it would be impossible to facilitate the transaction and denied signing any of the purchase orders and disbursement vouchers.

"The co-accused were not under the direct control and supervision of Nur P. Misuari but they worked directly under the Regional Cabinet Secretary of the ARMM Department of Education and Sports therefore it would not have been possible for the accused to goad any of the co-accused to commit the irregular transactions," Misuari said.

Inordinate delay

At the same time, Misuari said his case should be dismissed after the Ombudsman took a total of four years and four months to finish its preliminary investigation.

Misuari said a fact-finding team recommended his indictment in 2014, while the charges were filed at the Sandiganbayan on May 5, 2017 without conducting a preliminary probe which allows him to appeal the finding of probable cause.

This forced the Sandiganbayan on November 28, 2017 to compel the prosecution to conduct an investigation for a period of 60 days, but Misuari said the Ombudsman finished its probe after more than 118 days on March 26, 2018.

"Such protracted investigation from the filing of the complaint up to the time the information were actually filed in court constitutes inodrinate delay on the part of the Office of the Ombudsman; thereby, effectively removing from it the authority to file the information and to pursue the instant criminal cases," he said.

Misuari is enjoying his temporary freedom after posting a P460,000 bail bond in September 2017. — RSJ, GMA News