Ombudsman withdraws raps vs Misuari for 'lack of evidence'

MANILA, Philippines — The Office of the Ombudsman has moved to drop two of the six cases it filed against Moro National Liberation Front founder Nur Misuari in connection with the alleged anomalous procurements made during his term as governor of the Autonomous Region in Muslim Mindanao.

In a motion dated April 16, filed before the Sandiganbayan Third Division, the ombudsman's Office of the Special Prosecutor moved to withdraw one count each of graft and malversation of public funds through falsification of public documents, which it filed against Misuari and former regional officials of the Department of Education in May last year.

In a resolution attached to the motion, the ombudsman admitted that it is withdrawing the two cases for “lack of sufficient evidence.”

The motion came after the Third Division, in its Aug. 31, 2017 ruling gave the prosecution a chance to gather additional evidence to support its charges.

It can be remembered that in the cases it filed on May 22, 2017, the ombudsman's prosecution team charged Misuari with three counts of violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and another three counts of the complex crime of malversation of public funds through falsification of public documents under the Revised Penal Code.

Named as Misuari's co-accused in the cases are former regional officials of DepEd namely; then DepED-ARMM director III Leovigilda Cinches, chief accountant Pangalian Maniri and supply officer Sittie Aisa Usman, as well as several private individuals.

Based on the information of the cases, a total of P115,220,454 was paid by the ARMM government to three private suppliers from 2000 to 2001 for the supposed purchase of educational kits for the public schools in the region.

Of this amount, P31 million was allegedly paid to MBJ Learning Tools on Dec. 21, 2000 while P46.261million was paid to CPR Publishing on July 24, 2001 both for the supply of information technology packages.

An amount of P37.959 million, meanwhile, was allegedly paid to White Orchids Printing and Publishing House in September 2001 for the supply of educational materials.

The ombudsman said none of the supposed purchased materials were ever delivered. Instead, the respondents allegedly falsified disbursement vouches, purchase orders, canvass reports, sales invoices, delivery receipts and other supporting documents to make it appear that the transactions were above board.

However, in its Aug. 31, 2017 resolution, the Third Division noted that while the prosecution alleged that Misuari and Usman signed the purchase order and inspection report, respectively, pertaining to the transactions with White Orchids, these documents were not among those transmitted by the prosecution to the court as part of the records of the cases.

However, instead of outrightly dismissing the cases pertaining to the alleged anomalous procurements from White Orchids, the Third Division gave the prosecution opportunity to submit additional evidence.

In its motion, the prosecution said it had coordinated with an audit team from the Commission on Audit who conducted an investigation on the questioned ARMM transactions but the team said the documents requested are not in their possession or could no longer be located.

The prosecution said it had also coordinated with the ombudsman's Military and Other Law Enforcement Offices which is the nominal complainant in the cases, as well as the with the DepEd-ARMM, but both agencies said they cannot locate the requested documents.

“Thus, in view of the fact that the documents relative to the transaction between White Orchids and DepEd ARMM could no longer be located and produced despite diligent efforts, the prosecution hereby moves for the withdrawal of Informations for Criminal Case Nos. SB-17-CRM 1019 and 1022,” the prosecution said.