MANILA, Philippines – The Sixth Division of Sandiganbayan, the country’s anti-graft court, ruled in its latest decision that conviction of former Maguindanao Governor Datu Sajid Ampatuan on 130 criminal cases is final and executory.

“The requirements for allowing a convicted accused to regain standing and to avail of the remedies under the Rules of Court have not been complied with. There being no motion for reconsideration or notice of appeal filed within the 15-day period, the Court’s judgment has now become final and executory,” Sandiganbayan said.

The declaration of the decision as final means the former Maguindanao governor, now incumbent vice mayor of the town of Shariff Saydona Mustapha in Maguindanao del Sur province, can no longer appeal after his absence in the court and failing to surrender in person to seek post-conviction remedies.

The seven-page resolution dated April 20, 2023 was penned by Associate Justice and Sandiganbayan Sixth Division chairperson Sarah Jane Fernandez. Associate Justices Karl Miranda and Kevin Narce Vivero have concurred in the resolution.

Since the conviction can no longer be appealed, the anti-graft court reiterated its order to issue an arrest warrant against Ampatuan. During the duration of his cases, Ampatuan urged the court to allow him to appeal his conviction despite his continuing nonappearance in the court.

Ampatuan had submitted medical certificates dated February 3 and 22, showing he was supposedly suffering from acute gastritis and swollen knees due to gout. Ampatuan’s lawyers said his condition makes walking painful and restricts his ability to travel.

However, the Sandiganbayan noted that Ampatuan’s medical certificates only recommended “rest” without any mention of travel restrictions.

“There was no indication of accused Ampatuan’s intention to appear before the Court. A convicted accused who fails to appear during the promulgation of judgment without justifiable cause loses standing in court and loses the remedies available under the Rules of Court,” the Sandiganbayan said.

During the promulgation of judgment on February 9, the court was also notified that former Maguindanao provincial engineer Datu Ali Abpi, one of the co-accused, had died. But, the court proceeded with its sentence because the notice did not bear any indication of the cause of death or the date of Abpi’s death.

The notice was also not backed up by an official copy of the death certificate, the anti-graft court said.

What happened before

Ampatuan was found guilty by Sandiganbayan of 126 counts of falsification of public documents and four counts each of graft and malversation of public funds. These were in connection with the ghost procurement of construction materials for public works in 2009.

The former Maguindanao governor was sentenced with the following:

• Six years for each count of falsification or 756 years in total;
• Six years for each count of graft or total of 24 years; and
• 17 years for each count of malversation or total of 68 years.

In total, Ampatuan had been sentenced to 848 years in prison. Meanwhile, Abpi was found guilty of 136 counts of falsification, four counts of graft, and four counts of malversation or total of 908 years of imprisonment.

Meanwhile, aside from jail time, Ampatuan was also ordered to fine P62 million, while Abpi was ordered to pay P70.05 million in fines. Other co-defendants when the case was filed were:

• Former provincial accountant John Dollosa Jr.;
• Former provincial treasurer Osmeña Bandila;
• Former general services office chief and Bids and Awards Committee chairman Kasan Macapendeg;
• Former provincial administrator Norie Unas; and
• Former provincial engineer Landap Guinaid

Dollosa and Bandila remain at large, while the others have already died during the trial.

– Rappler.com