Ombudsman drops graft raps vs. Bohol Rep. Yap

The Office of the Ombudsman has dismissed the graft charges against Bohol Representative Arthur Yap due to lack of probable cause over the alleged anomalous purchase of fertilizers in Mindanao in 2003.

A seven-page order signed by Graft Investigation and Prosecution Officer IV Millicent Reyes said Yap will no longer be indicted for five counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act.

"Yap may not be said to have acted with manifest partiality, evident bad faith or inexcusable negligence. Absent one element of the crime of violation of Section 3(e) of R.A. 3019, probable cause to indict Yap therefore does not lie," the order read.

Graft investigators had accused Yap of intentionally favoring Philippine Phosphate Fertilizer Corporation (Philphos) for the purchase of fertilizers under the 2003 Ginuntuang Masaganang Ani Rice Program during his stint as secretary of the Department of Agriculture.

The contract was allegedly awarded to Philphos through a negotiated procurement instead of a public bidding.

However, the Ombudsman said a second look of the procurement shows that Yap is allowed to engage in a negotiated procurement since the Implementing Rules and Regulations (IRR) of the Government Procurement Reform Act has yet to be implemented.

The Ombudsman said this had allowed government agencies to continue adopting procurement procedures stated under Executive Order No. 40 and its IRR.

The IRR of EO 40 permits the use of a negotiated procurement "whenever the goods are to be used in connection with a project or activity which cannot be delayed without causing detriment to public service."

The Ombudsman said a memorandum dated April 30, 2003 also authorized for the distribution of the fertilizers to farmers during the wet season from May to October.

"Yap followed and implemented the aforementioned directive of the DA Secretary. There is nothing manifestly wrong or damaging in following the said directive that was aimed at a timely distribution of the fertilizers to the farmers," the Ombudsman said.

The Ombudsman had dismissed the same charges against Yap on the purchase of fertilizers in Visayas, while the contract for Luzon has been filed at the Sandiganbayan.

In a statement, Yap said he is hoping the prosecution would move for the dismissal of his case before the anti-graft court.

"The Luzon case involves similar transactions with the same set of facts and evidence as the ones in the Visayas and Mindanao. If the cases in the Visayas and Mindanao were dismissed, there should be no reason why the case in Luzon should prosper," he said. —KBK, GMA News