Sajid Ampatuan found guilty of malversation, graft over fictitious purchase of farm inputs

The Sandiganbayan has found former Maguindanao governor Datu Sajid Islam Ampatuan guilty of malversation through falsification of public documents and graft over P147 million worth of farm inputs which turned out to be fictitious way back in 2009.

In a 56-page decision, the Sandiganbayan sentenced Ampatuan to 40 years in prison for malversation and eight to 12 years for graft due to sufficient evidence showing that public funds totaling P98 million (malversation) and P49 million (graft) supposedly disbursed for the purchase of fertilizers, palay and corn seeds from Tamoni Enterprises did not occur.

“Tamoni Enterprises did not receive any amount from Maguindanao [government],” the Sandiganbayan said.

“Furthermore,  by  signing  and  approving  the disbursement  of public funds covered by Disbursement Vouchers Nos. 400-2009-06-48 to 400-2009-06-65 (Exhs. "AA"  to "QQ") for the purchase of fertilizers, palay and corn seeds without any supporting documents to prove not only compliance with the procurement process but also receipt of  the items by Maguindanao and the intended beneficiaries, shows the deliberate intent of both accused Ampatuan and accused Guiabel to misappropriate the said public funds,” it added.

Mosibicak Guiabel is Maguindanao province’s agriculturist who was also convicted of the malversation raps alongside Ampatuan.

The Sandiganbayan also cited the denial by the owners of Tamoni Enterprises, the supplier, of their involvement in the subject purchases.

The anti-graft court said both owners of Tamoni Enterprises executed a sworn Affidavit of Denial describing their non-involvement in the said purchase transactions involving millions of public funds while the accused failed to provide evidence that will support the alleged deliveries of the supplies allegedly procured, as well as the actual receipt by the intended beneficiaries either through an inspection and acceptance report or a certificate of project completion, among others.

Ampatuan, in his defense, argued that his signatures on the pertinent documents were forged by presenting Childa Chavez, a member of the Questioned Documents Examination Division of the Philippine National Police, as witness.

Chavez told the court that based on her scientific comparative examination and analysis of the questioned signatures of Ampatuan marked as Q-l to Q-59 with the submitted standard signatures submitted by Ampatuan marked as 8-1 to 8-18, it appears that there are divergence in the manner of execution, line quality, skill, stroke structure and other  individual  handwriting characteristics.

Chavez also testified that Ampatuan’s questioned signatures showed a manner of execution that is moderate, revealing pen stops and pen lifts found in unusual places.

Chavez also said line qualities in the questioned signatures are poor while in the standard specimen signatures, the line qualities are good.

On the skill of the writer to write letters, Chavez said the questioned signatures reveal that the writer possesses a low skill in writing a signature while on the standard specimen signatures, the writer possesses a high ability in writing a signature.

The Sandiganbayan, however, was not convinced.

“The law makes no preference, much less distinction, among and between the different means stated above in proving the handwriting of a person (Lopez vs. Court of Appeals, No. L-31494, 23 January 1978, 81 SCRA 153, 162). It is likewise  clear from the foregoing that courts are not bound to give probative value or evidentiary value to the opinions of  handwriting experts, as resorting to handwriting experts is not mandatory (Domingo vs. Domingo, G.R. No. 150897, April 11,2005, 495 PHIL 213-222),” the court said.

“Thus, this Court finds that the testimony of the handwriting expert is hardly conclusive and binding,” the Sandiganbayan added.

Aside from jail time, the Sandiganbayan also ordered Ampatuan to pay a fine equivalent to the amount malversed (P98 million) and pay the same amount, as restitution, to the government, through the Bureau of Treasury, with an annual interest of 6% per annum from the finality of the decision promulgated last March 10 until fully paid.

Likewise, Ampatuan has been perpetually disqualified to hold any public office. —KG, GMA Integrated News