Sandigan orders suspension of Bohol Governor Yap over P8-M pork scam case

The Sandiganbayan Third Division ordered the suspension of Bohol governor and ex-Agriculture Secretary Arthur Yap over the malversation and graft charges against him stemming from the P8 million of alleged ghost livelihood projects funded by former Misamis Occidental Representative Marina Clarete's pork barrel.

In a 13-page decision, the anti-graft court said that the Supreme Court had not ordered a halt to the proceedings against Yap, and that the Anti-Graft and Corrupt Practices Act mandated the Sandiganbayan to suspend any public official against whom valid information charging a violation of the said law, Book 11, Title 7 of the Revised Penal Code, or any offense involving fraud upon government or public funds or property was filed.

Yap was accused of being involved in the release of the P8 million pork barrel fund which was not implemented by the partner non-government organization Kabuhayan at Kalusugang Alay sa Masa Foundation, Inc.—an allegedly unqualified non-government organization supposedly endorsed by Clarete.

“It bears emphasizing, however, that the Supreme Court has not issued a temporary restraining order and/ or writ of preliminary injunction enjoining the continuation of the proceedings in these cases. Neither has the Supreme Court issued any restraining order or preliminary injunction in the petition for certiorari questioning the Ombudsman's finding of probable cause,” the Sandiganbayan said.

Likewise, the anti-graft court dismissed Yap’s argument that he could not exert any influence on possible witnesses merely because he was no longer Department of Agriculture (DA) Secretary.

“While indeed accused Yap ceased to be connected with the DA since 2010 and that he has not manipulated evidence or intimidated witnesses, the presumption is that unless the accused is suspended, he may frustrate his prosecution or commit further acts of malfeasance or do both,”  the anti-graft court pointed out.

“Wherefore, the Court hereby orders the suspension pendente lite of accused Arthur C. Yap as governor of the Province of Bohol and from any other public positions he may now or hereafter hold for a period of 90 days effective immediately from receipt of this resolution,” the anti-graft court added.

The anti-graft court also ordered the Department of Interior and Local Government to implement Yap’s suspension.

However, the suspension would expire and be automatically lifted after a 90-day period, starting from the September 2019 issuance of the resolution. — DVM, GMA News