The Sandiganbayan has affirmed the conviction of Moro National Liberation Front founding chairman Nur Misuari in two graft charges, both arising from the ghost purchase of information technology (IT) educational materials amounting to P77.26 million when he was governor of the Autonomous Region in Muslim Mindanao (ARMM) in 2001.
Misuari and his co-accused were sentenced to six to eight years imprisonment for each graft conviction with perpetual disqualification from holding public office.
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.
Misuari and his co-accused former Department of Education (DepEd)-ARMM director Leovigilda P. Cinches, accountant Alladin D. Usi, supply officer Sittie Aisa P. Usman, Commission on Audit-ARMM resident auditor Nader M. Macagaan, chief accountant Pangalian M. Maniri, and private individual Cristeta D. Ramirez of CPR Publishing earlier filed a motion for reconsideration of the the court’s earlier decision.
But the latest ruling of the anti-graft court acquitted them of two malversation cases through falsification of public documents charges, owing to the failure of the prosecution to prove their guilt beyond reasonable doubt.
They filed separate motions for reconsideration to appeal their conviction, arguing that the court’s finding on the alleged “ghost” deliveries has not been established.Misuari, for his part, claimed he could not be held liable for a transaction that pushed through when he was no longer ARMM governor and that the non-delivery of items was based merely on “conjectures, speculations, and surmises.”
However, the Sandiganbayan denied their motions. “Contrary to the position taken by the herein accused, we reiterate that the prosecution was able to establish all these elements with moral certainty,” it said.
“Prescinding from all the above-mentioned circumstances, we maintain that the prosecution has sufficiently established that the scheme designed and executed by the herein accused gave unwarranted benefits, advantage, and preference to accused Cristeta D. Ramirez, and caused undue injury to the government,” it added.
Presiding Justice Amparo M. Cabotaje-Tang and Associate Justices Bernelito R. Fernandez and Ronald B. Moreno signed the 24-page resolution.
