Sandigan junks bid of ex-Maguindanao Gov. Ampatuan to dismiss graft case

Former Maguindanao Governor Datu Sajid Ampatuan has lost his bid for the Sandiganbayan to dismiss his graft and malversation charges over the alleged purchase of P98.25-million worth of non-existent farm inputs.

In a resolution promulgated on May 21, the court's Third Division denied the quashal motion of Ampatuan for lack of merit.

"After an assiduous evaluation of the arguments raised by the accused-movant in his motion to quash and the opposition thereto of the prosecution, the Court denies the said motion," the Sandiganbayan said.

Ampatuan was indicted for one count each of graft and malversation through falsification when he allegedly misappropriated P98.25 million for the procurement of palay, corn seeds, and fertilizers from Tamoni Enterprises in June 2009.

Investigations later revealed that Ampatuan and his co-accused public officials falsified disbursement vouchers and other supporting documents to make it appear Tamoni Enterprises was paid, when in fact the province of Maguindanao received no farm inputs from the company.

But Ampatauan said his right to speedy disposition of cases was violated, saying it took the Office of the Ombudsman three years, 10 months, and 21 days to resolve the complaint filed by the Commission on Audit against him and another one year for the charges to be filed before the Sandiganbayan.

The former governor said this inordinate delay impaired his defense and made it difficult for his camp to retrieve documents and potential witnesses.

However, the Sandiganbayan a mere computation of the supposed delay is not enough to warrant the dismissal of the case against Ampatuan. It also said the elapsed time is only around two years and six months, excluding the fact-finding investigation as ruled by the Supreme Court.

The Sandiganbayan said this period is justified considering two Ombudsmen -- Conchita Carpio Morales and Samuel Martires -- had to review the evidence, which included a 161-page COA special audit report and other voluminous documents.

It added nothing in the records proved the delay was deliberate.

"After meticulously evaluating the surrounding
circumstances of this case vis a vis the teachings of the Supreme Court pertaining to inordinate delay, the Court rules that the amount of time spent by the OMB in conducting its preliminary investigation of this case cannot be considered vexatious, capricious, and/ or oppressive," the resolution read.

The anti-graft court said Ampatuan further failed to substantiate his need for documents and witnesses in his defense through a detailed list of documents and the identity of witnesses he intends to present in court.

The Sandiganbayan Fourth Division had convicted Ampatuan in March for graft, 63 counts of falsification of public documents, and malversation of public funds over the alleged anomalous purchase of lumber materials.

He posted a P1.58-million bail bond for his temporary freedom while he appeals the guilty verdict.

Ampatuan also has pending cases in connection with supposed irregular road and school building projects. —LDF, GMA News