Ex-MCIAA execs convicted of graft over P6-M fire truck payment

The Sandiganbayan convicted former Mactan Cebu International Airport Authority (MCIAA) General Manager Adelberto Yap of two counts of graft over a P6 million advanced payment released to an unqualified supplier of fire trucks.

In a 40-page decision dated February 14, the anti-graft court found Yap guilty of two counts of graft, with a six to 15-year jail sentence for each count, after he allowed payment of P6 million to Asiaborders Philippines, Inc. even if MCIAA’s procured Aircraft Rescue Firefighting Truck from the said supplier was not delivered - a violation of Presidential Decree 1445.

Likewise, the anti-graft court noted that MCIAA, under Yap’s watch, violated the Procurement Law when it applied for the opening of a letter of credit for the project—an action contrary to the law’s mandate which requires the supplier, in this case, Asiaborders, to take such action.

“Accused Yap, Ordoñez, Dublin and Casas all admitted that the P6 million payment had been made even before the delivery of the subject aircraft and rescue firefighting truck. We point out too that per Yap’s testimony, he signed the disbursement voucher even if he was aware of the non-delivery of the truck because he trusted the people in the Accounting, Finance, and Legal Departments, and that he assumed that these people were diligent in their jobs,” the Sandiganbayan said.

Bids and Awards Committee (BAC) member, Veronica Ordoñez, Ma. Venus Casas, then OIC of the Accounting Division of the MCIAA and BAC Legal Officer/member Sigfredo Dublin were Yap’s co-accused in the graft charge due to partiality and conspiracy under SB-16-CRM-1076 while Yap was the lone defendant in the second graft case for entering a contract disadvantageous to the government under SB-16-CRM-1077.

“The accused exhibited manifest partiality, evident bad faith and gross inexcusable negligence in causing the P6 million advance payment to AsiaBorders even if the subject Aircraft Rescue Fire Fighting Truck had not yet been delivered, inspected and accepted. As General Manager, the anti-graft court pointed out that it was incumbent upon Yap to protect the interest of the government and ensure that it does not enter into transactions inimical to the State’s interests,” the Sandiganbayan said.

“Considering his educational attainment (Major General and Acting Commanding Officer of the Philippine Air Force), we find it hard to fathom why he put too much reliance on MCIAA’s employees, more so since he was already aware that there had been a violation of the terms of the contract which he himself was a signatory to,” the Sandiganbayan added.

Moreover, the anti-graft court cited that while the contract entered into by MCIAA with Asiaborders valued the Aircraft Rescue Firefighting Truck at P38 million inclusive of customs duties and taxes, its declared value was reduced to P4 million, reducing a paltry tax collection of the government at P4 million.

The Sandiganbayan also said that Yap’s co-accused in the graft for conspiracy charge—Asiaborders’ President Marlon Barillo—requested that the P6 million be remitted to AsiaBorders even if the subject vehicle had not yet been delivered.

Yap then approved Barillo’s request a day later signed the Disbursement Voucher 101-2006003118 for the said P6 million payment twice.

Yap’s participation did not end there. The Sandiganbayan said that Yap certified that the expenses and cash advance were necessary and lawful, approved the voucher for the amount of P6 million and ultimately, signed the LBP check dated March 10, 206 amounting to P6 million issued to AsiaBorders Philippines to which AsiaBorders issued Official Receipt No. 17.

Yap’s co-accused Casas, for her part, signed the same voucher even when she was aware of the non-delivery.

“Considering all the foregoing, Yap must be held accountable for entering into a transaction grossly and manifestly disadvantageous to the government,” the Sandiganbayan said.

Aside from the prison term, Yap was also perpetually disqualified from hold public office as a result of his conviction for two counts of graft. — DVM, GMA News