The Supreme Court (SC) has tossed out an appeal by former Maguindanao Gov. Datu Sajid Islam U. Ampatuan and former provincial budget officer Datuali Kanakan Abpi questioning their conviction by the Sandiganbayan for graft and malversation arising from the alleged anomalous purchase of construction supplies worth P38.1 million in 2008 and 2009.
In a resolution published online on September 2, the SC’s first division “dismissed for lack of merit” the joint appeal by Ampatuan and Abpi, and affirmed instead the March 22, 2019 decision of the Sandiganbayan finding them guilty and sending them to jail for life.
“It becomes clear that accused-appellants could not have acted individually. Indeed, they were in-charge of separate and different tasks, which appear unrelated at first, but in fact, constitute a whole collective effort to consummate their criminal intent of malversing the province’s funds,” the SC resolution stated.
The two were the only ones left to stand trial after a number of the other accused – former governor Datu Andal S. Ampatuan, provincial administrator Norie K. Unas, budget officer Kasan I. Macapendeg, and OIC provincial engineer Landap Guinaid – have died during the pendency of the case.
Two other accused, provincial treasurer Osmeña Bandila and provincial accountant John Dollosa Jr., remained at large.
The High Tribunal noted that even during the procurement process, “no one bothered to thoroughly check the legitimacy of the supposed winning bidder—Apo Lumberyard” from which the province purchased lumber and other construction materials for the repair of a school building.
“Unbelievably, Apo Lumberyard did not even exist at its declared location, and yet it was selected as the supplier of the construction materials for the province,” the SC said