The Sandiganbayan has rejected the motion to dismiss the graft charges against Moro National Liberation Front founding chairman Nur Misuari over the alleged irregularities in the purchase of P77.26 million worth of “ghost textbooks” when he was governor of the Autonomous Region in Muslim Mindanao.
In a resolution dated March 8, the anti-graft court’s Third Division found probable cause against Misuari and ruled to proceed with the trial of Misuari on two counts each of graft and misuse of public funds.
“The court must stress that a comprehensive consideration of the merits of the prosecution’s evidence and the defense’s arguments, as to the alleged weakness thereof, is premature at this point and better left to trial on the merits,” the Sandiganbayan said.
Misuari is accused of graft and misuse of funds for allegedly conspiring with his co-accused to give “unwarranted benefits, advantage and privilege” to three private companies.
The Ombudsman found that “no such materials were delivered” by MBJ Learning Tools, CPR Publishing, and White Orchids Printing and Publishing House.
But Misuari claims he could not be held liable for a transaction that pushed through when he was no longer ARMM governor.
Misuari said the payments to CPR Publishing took place in July 2004, MBJ Learning in December 2003, and to White Orchids in July 2004 and September 2005, all of which were covered by the incumbency of former ARMM governor Parouk Hussin.
Misuari said his term ended on Sept. 30, 2001, and that the issue of conspiracy was “non-existent.”
He said he was detained in Malaysia from December 2001 to January 2002 and for six years in the Philippines from 2002 to 2008.
He said he was detained at the Philippine National Police-Special Action Force Training Center in Santa. Rosa, Laguna, when the three private companies were paid.
Late last month, the Sandiganbayan’s Third Division entered a not-guilty plea on behalf of Misuari after he refused to enter a plea during his arraignment.