Ampatuan’s bid to drop graft raps denied
MANILA, Philippines — The Sandiganbayan has denied a request of murder convict Andal Ampatuan Jr. to dismiss the graft cases filed against him in connection with an allegedly anomalous fuel supply deal in Maguindanao.
In a 10-page resolution promulgated on Jan. 11, the anti-graft court’s Sixth Division junked Ampatuan’s motion for leave to file a demurrer to evidence.
The court also denied similar motions filed by former project engineer Omar Camsa and assistant provincial engineer Samsudin Sema.
The Sixth Division said Ampatuan, Camsa and Sema failed to raise any meritorious argument that could convince the court to allow them to challenge the prosecution’s evidence through a demurrer instead of presenting their defense.
“Granting the accused a leave to file demurrers to evidence will merely delay the court proceedings,” the Sixth Division said.
It clarified that the accused could still file their demurrers without a leave of court, but subject to preconditions set by the Rules of Court.
The cases involve 21 counts of violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, which stemmed from the purchase by the provincial government of Maguindanao of fuel and lubricants amounting to P238.3 million from 2001 to 2008.
The fuel and lubricants were procured from a gasoline station owned by Ampatuan when his father, the late Andal Ampatuan Sr. was provincial governor.
The ombudsman had dismissed the cases against the elder Ampatuan following his death in 2015.
Aside from the lack of public bidding, the payments were covered by undated purchase orders and unnumbered disbursement vouchers, the anti-graft court said.
The fuel and lubricants were intended for various infrastructure projects, which the Office of the Ombudsman found to be fictitious and were never implemented.
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