Sandigan affirms trial of Misuari for graft

The Sandiganbayan has affirmed its earlier ruling to make Moro National Liberation Front (MNLF) founder Nur Misuari face trial over the alleged anomalous purchase of educational materials during his term as governor of the Autonomous Region in Muslim Mindanao (ARMM).

In a resolution promulgated on March 8 and obtained yesterday, the court’s Third Division said Misuari failed to raise any new argument in his motion for reconsideration.

This would warrant the reversal of its Nov. 29, 2018 ruling denying his motion to dismiss the two counts of graft and another two counts of the complex crime of malversation of public funds through falsification of public documents.

“It bears stressing that accused-movant Misuari merely rehashed the same arguments regarding his alleged non-liability and lack of participation in the offenses charged, which were raised in his omnibus motion to dismiss and defer arraignment. The Court already rejected the said arguments in its assailed resolution,” the Third Division’s new resolution read.

The Office of the Ombudsman on May 2017 filed the cases stemming from the payment of P31 million to MBJ Learning Tools on Dec. 21, 2000 and P46.261 million to CPR Publishing on July 24, 2001, both for the supply of information technology packages.

The ombudsman said none of the supposed purchased materials was ever delivered. Instead, Misuari and his coaccused former regional officials of the Department of Education allegedly falsified disbursement vouches, purchase orders, canvass reports, sales invoices, delivery receipts and other supporting documents to make it appear that the transactions were aboveboard.

In his motion for reconsideration, Misuari argued he was no longer the governor of ARMM when the questioned transactions were made.

Misuari said his term as governor only lasted from March 31, 1996 to Sept. 30, 2001 with Parouk Hussein as his successor.

Contrary to the prosecution’s allegation, Misuari said the payments to MBJ Learning and CPR Publishing were made in December 2003 and July 2004, respectively, when he was in detention.

“In any case, granting that the Court may take judicial notice of the accused-movant’s years of incumbency as ARMM governor, the same does not necessarily result in his automatic exculpation, given the existence of documents relating to the subject transactions which were allegedly signed by him during his incumbency,” the Third Division said.

Besides, the veracity of Misuari’s claims shall be vetted against the prosecution’s evidence in a full blown trial, the anti-graft court said.

“Suffice it to say that the Court has long determined the existence of probable cause and has already resolved to proceed with trial to afford all the parties the full opportunity to present their case,” it added.