FORMER Autonomous Region in Muslim Mindanao governor Nur Misuari has been ordered arrested by the Sandiganbayan over the so-called “textbook scam” involving P115.2 million in educational materials.
The anti-graft court Third Division, in a resolution, found probable cause to hold Misuari on trial and his co-accused for the allegedly anomalous purchase of educational materials in 2000 and 2001.
This developed as former vice president Jejomar Binay and his son, dismissed Makati mayor Jejomar Erwin Binay Jr., will be facing trial at the Sandiganbayan in connection with the alleged overpriced Makati car park building when he was still a mayor of Makati City.
The Sandiganbayan Third Division, in a resolution promulgated Aug. 31 and released to media Tuesday, found probable cause to hold the two Binays on trial for malversation, graft and falsification of public documents over the alleged rigging of the procurement of the 11-storey Makati City Parking building.
The court set Binays’ arraignment on Sept. 29.
“After a careful evaluation of the records of the present cases, this Court finds the existence of probable cause in each of the cases for the issuance of warrants of arrest against all the accused including accused-movants, and to hold them for trial,” the anti-graft court said.
The anti-graft court said the alleged “simulated public bidding” involving the design and construction of the Phase I, II and III of the Makati City Hall Parking Building “could not have been made without the participation of the accused.”
It also sees no need for the issuance of arrest warrants against the accused as they have already posted bail for temporary liberty.
“Finally, in view of the voluntary surrender and the posting of bail bond for the temporary liberty of all the accused, the Court need not issue warrants for their arrest,” the court said.
Misuari’s co-accused include former Department of Education ARMM executives Director Leovigilda Cinches, supply officer Sittie Aisa Usman, accountant Alladin Usi, chief accountant Pangalian Maniri, and CoA auditor Nader Macagaan.
The prosecutors also filed charges against suppliers Lolita Sambeli of White Orchids and Cristeta Ramirez of CPR Publishing.
In Malacañang, Presidential Spokesman Ernesto Abella said Misuari should be the one to defend himself after the Sandiganbayan ordered his arrest, adding “apparently, the item is an administrative case and was taken up before peace talks … The onus of defending himself will be with Mr. Misuari.”
Abella steered clear of defending Misuari from the charges, even if his arrest might have an effect in his participation in the current peace talks with Moro groups.
In a resolution, the anti-graft court Third Division found probable cause to hold Misuari and his co-respondents on trial and his co-accused over the so-called “textbook scam.”
The court found no merit in the defense of respondents that their cases should be dismissed for inordinate delay by the Ombudsman.
The court set aside the appeal of the respondents for the dismissal of their cases over what they claimed as inordinate delay by the Office of the Ombudsman.
The court said: “From an examination of the records, it can be gleaned that the present cases are part of what is known as the ‘textbook scam,’ which involves transactions not only those subject to these present cases, but also other related transactions.
“Due to the number of transactions, the investigation, which entailed scrutinizing voluminous records and determining who among the numerous persons involved should be held liable, necessarily took some time.
“[T]he Court finds that there is probable cause for the issuance of warrants of arrest against the accused,” it added.
Misuari is facing three counts of malversation of public funds through falsification and three counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act.
The Ombudsman’s Office of the Special Prosecutor filed the cases before the anti-graft court.
The prosecutors alleged that Misuari and his co-accused misused funds of the Department of Education-ARMM by falsifying requisition and issuing a voucher, purchase order, sales invoice, disbursement voucher, schedule of accounts payable, list of due and demandable accounts payable-external creditors, to make it appear a procurement was made.
At the same time, the prosecutors identified several goods that were not delivered, causing undue advantage to the contractors and causing undue injury to government.
These included multimedia information technology package worth P46,261,250 ordered from CPR Publishing House of Caloocan City; various educational materials worth P37,959,204 ordered from White Orchids Printing and Publishing House; and information technology package worth P31 million from MBJ Learning Tools of Caloocan City
The Ombudsman also cited the findings of the Commission on Audit that the payment to five suppliers of textbooks and educational materials were irregular and did not go through a public bidding.
“The Office finds probable cause that Misuari [and respondents] conspired with one another while discharging their official functions, [acting] with manifest partiality, evident bad faith or gross inexcusable negligence when they conspired to rig the procurement,” the Ombudsman said.
Misuari has a standing warrant of arrest for rebellion and violation of Republic Act 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, for leading the MNLF’s deadly siege in Zamboanga city in 2013 that left 200 dead.
In November 2016, the Pasig Regional Trial court ordered the suspension of Misuari’s arrest warrant for six months after President Rodrigo Duterte expressed his intention to enter into a peace negotiation with Misuari.
The court extended the suspension for another six months. With John Paolo Bencito