Select Page

The Office of the Ombudsman found probable cause to charge former Maguindanao  Governor Datu Sajid Islam Ampatuan and Provincial Treasurer Osmeña Bandila before the Sandiganbayan with violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act), Articles 217 (Malversation of Public Funds) and 218 (Failure of Accountable Officer to Render Account) of the Revised Penal Code (RPC).

Also included in the charge sheet for violation of Section 3(e) of R.A. No. 3019 and Article 217 of the RPC are Provincial Accountant John Estelito Dollosa and State Auditor Danny Calib of the Commission on Audit (COA).

Records show that in June 2009, the province entered into several Memoranda of Agreement (MOAs) with the Department of Agrarian Reform  (DAR) for the construction and rehabilitation of the province’s farm-to-market roads with a project cost of P500 million. Despite repeated demands from the DAR to account for the funds, respondents failed to submit supporting documents such as liquidation reports, list of beneficiaries, and certificates of acceptance to support the disbursement of funds and implementation of the project.

Based on the COA findings, that “the roads were in bad condition and far shorter than the reported lengths, and the reported accomplishments were no longer visible, are sufficient proof to engender a well-founded belief that public funds were misappropriated for respondents Ampatuan, Bandila, Dollosa and Calib’s own private use or benefit.”

“As the head and representative of the Province, respondent Ampatuan was primarily tasked by the MOAs to receive the funds and to oversee the implementation of the projects. There is no dispute that the Province received the funds.  The investigation conducted by the COA, however, belie the assertion that the projects were implemented.   On the other hand, respondents Bandila, Dollosa and Calib tried to make it appear that the projects were implemented by executing Certificate No. 02 which states that the amount of PhP499,999,850.00 out of the PhP 500,000,000.00 of the funds obtained from DAR was disbursed by the Province from June 2009 to September 2009. These circumstances sufficiently establish that respondents Ampatuan, Bandila, Dollosa and Calib came to an agreement concerning the misappropriation of the funds and decided to commit the same,” stated the Ombudsman’s Resolution. ###