Bohol Gov Yap suspended for 90 days over graft raps

Credit to Author: THE MANILA TIMES| Date: Sat, 26 Oct 2019 08:33:04 +0000

THE Sandiganbayan’s Third Division has ordered a 90-day preventive suspension of Bohol Governor Arthur Yap pending litigation of cases filed against him in 2017.

The Office of the Ombudsman filed charges of graft, malversation through falsification, and malversation before the Sandiganbayan in 2017 against a former lawmaker and other individuals over the alleged misappropriation of his Priority Development Assistance Fund (PDAF) or pork barrel allocation totaling P62.63 million between 2007 and 2009.

Yap, who was secretary of the Department of Agriculture (DA) at the time material to the cases, was named as an accused in two of the 18 counts of graft, in one of the 11 counts of malversation through falsification, and in one of the seven counts of malversation filed against the former lawmaker.

“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” supposed “further acts of malfeasance or do both”, the court said in part in a resolution dated Sept. 18, 2019,

“To repeat, the Court has neither the discretion nor duty to determine whether or not a preventive suspension is required to prevent the accused from using his office to intimidate witnesses or frustrate his prosecution or” supposedly “continue committing malfeasance in office,” it said.

The court ordered the suspension pendente lite (pending litigation) of Yap as governor “and from any other public positions he may now or hereafter hold for a period of ninety (90) days effective immediately from receipt of” the resolution.

It ordered that a copy of the resolution be provided to the secretary of the Department of the Interior and Local Government “for the implementation” of the preventive suspension order.

Section 13 of the Anti-Graft and Corrupt Practices Act mandates the preventive suspension of incumbent public officers against whom any criminal prosecution under a valid Information (charge sheet) under the said Act was pending in court. REINA TOLENTINO

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