Metro Manila (CNN Philippines, April 25) — The Sandiganbayan has ruled that the conviction of former Maguindanao governor Datu Sajid Ampatuan on 130 criminal cases is final and executory.
In a resolution dated April 20, the anti-graft court has also affirmed its order to issue an arrest warrant against Ampatuan, now the incumbent vice mayor of Shariff Saydona Mustapha in Maguindanao del Sur.
\”The requirements for allowing a convicted accused to regain standing and to avail of the remedies under the Rules of Court have not been complied with. There being no motion for reconsideration or notice of appeal filed within the 15-day period, the Court’s judgment has now become final and executory,\” the Sixth Division of Sandiganbayan said in its seven-page resolution.
With the declaration of the decision as final and executory, Ampatuan can no longer appeal before the Sandiganbayan after his absence in the court and failing to surrender to seek post-conviction remedies. But the anti-graft court said he may still appeal his conviction before the Supreme Court.
Ampatuan submitted medical certificates dated Feb. 3 and 22 showing that he was suffering from acute gastritis and swollen knees due to gout, restricting his ability to travel.
But the anti-graft court said Ampatuan’s medical certificates only recommended \”rest\” and did not mention restrictions on travel.
\”There was no indication of accused Ampatuan’s intention to appear before the Court. A convicted accused who fails to appear during the promulgation of judgment without justifiable cause loses standing in court and loses the remedies available under the Rules of Court,\” the Sandiganbayan said.
During the promulgation of the judgment on Feb. 9, the anti-graft court was also notified that former Maguindanao provincial engineer Datu Ali Abpi, one of the co-accused, had died.
The Sandiganbayan proceeded with its sentence to Abpi, pinpointing that the notice did not state the cause of death or the date of his death. The notice was also not backed up by an official copy of the death certificate, the anti-graft court said
Ampatuan was found guilty of 126 counts of falsification of public documents and four counts each of graft and malversation of public funds in connection to the ghost procurement of construction materials for public works in 2009. He was sentenced to 848 years in prison.
Abpi, on the other hand, was found guilty of 136 counts of falsification of public documents, four counts of graft, and four counts of malversation. He was sentenced to 908 years of imprisonment.
Ampatuan was also ordered to pay P62 million in fines while Abpi was ordered to pay P70.05 million.
Other co-defendants were former provincial accountant John Dollosa Jr., former provincial treasurer Osmeña Bandila, former general services office chief and Bids and Awards Committee chairman Kasan Macapendeg, former provincial administrator Norie Unas, and former provincial engineer Landap Guinaid.
