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The anti-graft court upholds an earlier decision that found the former ARMM governor guilty in connection with irregularities in the procurement of educational supplies
MANILA, Philippines – Anti-graft court Sandiganbayan denied the appeal filed by former Autonomous Region in Muslim Mindanao (ARMM) regional governor Nur Misuari and his co-defendants to reverse a previous conviction on two counts of graft.
In a decision dated Tuesday, September 17, the Sandiganbayan 3rd Division upheld the May 24 decision that found them guilty in connection with alleged anomalies in the procurement of educational supplies worth P77.3 million in 2000 and 2001.
Those convicted are as follows:
- Misuari
- Department of Education (DepEd) ARMM director Leovegilda Cinches
- Accountant Alladin Usi
- Supply officer Sittie Aisa Usman
- Resident auditor Nader Macagaan
- Chief accountant Pangalian Macabunar Maniri
Additionally, the court also upheld the conviction for one count of graft of Criseta Ramirez, owner of CPR Publishing, which won the supply contract.
All of them are facing a penalty of up to eight years in prison and perpetual disqualification from public office.
The respondents were convicted for conspiring to favor specific suppliers by awarding a P46.3-million contract for 170 multimedia information technology packages to CPR Publishing, as well as a P31 million IT packages contract to MBJ Learning Tools, bypassing public bidding requirements.
Misuari, in his motion for reconsideration, insisted that a lack of public bidding does not justify a graft conviction against him.
Misuari and DepEd officials also claimed their signatures in documents were forged. The six co-accused added that the documentary evidence that the prosecution presented were mere photocopies.
“After a careful evaluation of the arguments of the accused, we find no convincing reason to reverse their convictions for violation of the Anti-Graft and Corrupt Practices Act,” the Sandiganbayan said.
The court said it took into consideration several facts in its decision, on top of the lack of public bidding — the lack of approval from the awards committee, certification from the licensing office of Caloocan City and the Securities and Exchange Commission that MBJ Learning Tools was unregistered, and the absence of the supplier’s tax records according to the Bureau of Internal Revenue (BIR).
CPR Publishing also had no records with the SEC, Caloocan City licensing office, and the BIR. Its business address, prosecutors found, was the same as the residence of Ramirez, which was also the same as the one submitted by MBJ Learning Tools.
“Prescinding from all the above-mentioned circumstances, we maintain that the prosecution has sufficiently established that the scheme designed and executed by herein accused gave unwarranted benefits, advantage, and preference to accused Cristeta Ramirez and caused undue injury to the government,” the Sandiganbayan said. – Rappler.com
