Former Autonomous Region in Muslim Mindanao Governor Nur Misuari’s trial on graft and malversation will continue after the Sandiganbayan denied his plea to have the cases dropped for alleged “inordinate delay” in the Ombudsman’s investigation of the case.
Misuari, who is also the founder of the Moro National Liberation Front that has since signed a peace agreement with the government, is facing charges for alleged anomalous purchase of education materials when he was chief executive of ARMM.
In a resolution dated Nov. 29, the antigraft court’s Third Division said “there is nothing oppressive” in the delay of the Ombudsman’s investigation into the alleged anomaly since it only took investigators 118 days to conduct the preliminary investigation, contrary to Misuari’s claim that the investigation took more than four years.
“To the mind of the court, the period of 118 days that it took the prosecution to resolve its preliminary investigation as regards the accused-movant is reasonable. It was not occasioned by any capricious, vexatious, or oppressive delays,” the anti-graft court said.
The Sandiganbayan added that Misuari cannot claim his rights have been violated because of his admission that he was never notified of the complaint against him, and so he was unable to submit his counter-affidavit.
“Not being aware of the complaint, it stands to reason that the accused-movant was not subjected to oppression or prejudiced by the ‘holding [of] criminal prosecution over him for an indefinite time’ of the character that constitutes a violation of one’s right to a speedy disposition of cases,” the Sandiganbayan said.
“Indeed, from the accused-movant’s own admission, he was completely unaware of the proceedings until it was reported in the media,” it added.
The Ombudsman filed the graft and malversation charges against Misuari for allegedly giving undue advantage to CPR Publishing House, MBJ Learning Tools, and White Orchids for the procurement of “ghost textbooks” from 2000 to 2001 during his term as ARMM governor.
He and his co-accused also allegedly falsified procurement documents to make it appear that the P77.26-million contract was legal and aboveboard.
Misuari posted P460,000 bail in September 2017 for his temporary release.
