Sandiganbayan finds cause to put ex-Agri chief Yap on trial

The Sandiganbayan has found probable cause to put former Agriculture secretary and incumbent Bohol Representative Arthur Yap on trial over the alleged misuse of P14.55-million pork barrel fund in 2007.

In a nine-page resolution promulgated on November 28, the anti-graft court's Sixth Division denied the judicial determination of probable cause against Yap for lack of merit.

"Accused Yap argues that the information in the present cases must be dismissed or quashed for lack of probable cause. The court disagrees," the resolution penned by Associate Justice Sarah Jane Fernandez read.

Yap, as co-accused in the case of former Nueva Ecija representative Rodolfo Antonino, is facing two counts each of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act and malversation of public funds.

Based on the charge sheet filed by the Ombudsman, Antonino unilaterally chose Buhay Mo Mahal ko Foundation, Inc. (BMMKFI) as "project partner" in implementing livelihood projects for barangays in the 4th District of Nueva Ecija.

The BMMKFI was supposedly operated by Antonino.

The Ombudsman said the implementation disregarded the appropriation law and its implementing rules and without public bidding as required under government procurement rules.

The Ombudsman also said that National Agribusiness Corporatiomn's Alan Javellana entered into a Memorandum of Agreement (MOA) with the BMMKFI on the implementation of the PDAF-funded project.

Then-DA chief Yap also entered signed a MOA with Javellana and allegedly conspired with other private individuals, the Ombudsman added.

Yap, in his motion, said he should not be charged of the offense since he was only acting as a representative of DA, had no participation with the selection of BMMKFI and the implementation of the PDAF-funded project, and that he did not receive a single centavo from the PDAF.

However, the Sandiganbayan said it found sufficient evidence to hold Yap and his co-accused for trial after a careful study of the evidence.

"The court finds that sufficient grounds exist for the finding of probable cause for the purpose of issuing warrants of arrest against the accused," the Sandiganbayan said.

The Sandiganbayan will no longer issue arrest warrants against Yap and Antonino, who have already posted their respective bail bonds of P140,000.

Those ordered arrested were Javellana, Rhodora Mendoza, Encarnita Munsod, Maria Ninez Guanizo, and private individuals Marilou Antonio and Carmelita Barredo.

Another PDAF case

In a separate 28-page resolution, the Sandiganbayan Third Division denied the quashal motion of Yap as a co-accused in the case of former Misamis Occidental representative Marina Clarete over her alleged misuse of P65 million worth of PDAF from 2007 to 2009.

Yap is facing two counts of graft and one count each of malversation and malversation through falsification of public documents in the Third Division.

The division called Yap's motion as "puerile" due to his insistence that entering a MOA with Kabuhayan at Kalusugang Alay sa Masa Foundation, Inc. is not punishable under the law.

The Sandiganbayan said Yap has been charged for the offense due to accusations that he was acting in conspiracy with Lanete.

"To be sure, accused Yap is charged in conspiracy with the other accused in the alleged commission of the offenses charged. It is fundamental that in conspiracy, the act of one is the act of all," the resolution also dated November 28 read.

"The informations aver conspiracy by the use of the word 'conspiring with one another and with private individuals' which is sufficient to inform accused Yap of the nature and cause of accusations against him," it added.

Presiding Justice Amparo Cabotaje-Tang penned the resolution, with the concurrence of Associate Justices Bernelito Fernandez and Sarah Jane Fernandez. —ALG, GMA News