CA affirms Zaldy Ampatuan’s dismissal

MANILA, Philippines - The Court of Appeals (CA) has upheld the dismissal from government service of detained former governor Zaldy Ampatuan of the Autonomous Region in Muslim Mindanao (ARMM) over unexplained wealth.

In a 22-page decision released yesterday, the 14th Division of the appellate court affirmed the ruling of the Office of the Ombudsman in 2015 finding Ampatuan guilty of serious dishonesty and grave misconduct. 

The CA dismissed the petition of the former governor, who is standing trial as principal accused in the November 2009 Maguindanao massacre, seeking reversal of the ombudsman order.

The court held that the ombudsman was correct in its finding that Ampatuan had unexplained wealth amounting to P70.67 million from 2000 to 2009.

“In this case, the evidence presented by the respondent (lifestyle check panel) well supports the findings of the Office of the Ombudsman that petitioner did not only fail to disclose all his and his wife’s assets but also failed to provide an explanation as to how he and/or his wife acquired the assets,” read the ruling penned by Associate Justice Henri Jean Paul Inting.

The CA rejected Ampatuan’s claim that his right to due process was violated because he was not able to file his counter-affidavit due to the negligence of his counsel.

“With the foregoing, the contention of petitioner that he was denied due process by reason of his former counsel’s gross negligence is clearly bereft of merit. As can be gleaned from the proceedings before the Office of the Ombudsman, the petitioner was given ample opportunity to file his counter-affidavit and/or opportunity to explain or defend himself,” read the CA ruling.

The CA further explained that the ombudsman even gave Ampatuan an opportunity to file his verified position paper in a resolution issued in February 2011, but the latter still failed to comply and submit his answer.

Associate Justices Ramon Garcia and Lencia Dimagiba concurred with the ruling.

Apart from dismissal from service, the ombudsman also imposed on Ampatuan the accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, perpetual disqualification from holding office and from taking civil service examination.

The decision of the ombudsman stemmed from the joint-affidavit complaint filed in September 2010 by the lifestyle check panel of the Office of the Ombudsman against the then ARMM governor for dishonesty and grave misconduct.