Pork raps vs former agri chief junked

The Sandiganbayan has ordered the dismissal of graft and malversation charges against former agriculture secretary Arthur Yap.

It blamed the “inordinate delay” in the Office of the Ombudsman to file criminal charges against Yap, a Cabinet member of the Arroyo administration, for dismissing the cases related to the pork barrel fund scam during the presidency of now Pampanga Rep. Gloria Macapagal-Arroyo.

The Sandiganbayan’s Special Sixth Division pointed out that it took anti-graft investigators seven years and two months to build up its cases and file appropri- ate charges – four years for fact-finding and more than three years for preliminary investigation.

Yap was charged with graft and malversation of public funds along with former Nueva Ecija lawmaker Rodolfo Antonino in August 2017 for their alleged involvement in the misuse of P14.55 million of the former legislator’s pork barrel funds in 2007.

He moved for the dismissal of the cases, claiming that his constitutional right to a speedy investigation or disposition of cases was violated by the long investigation by the ombudsman.

In a ruling dated Feb. 19, 2018 and released to media yesterday, the Sandigan ruled in favor of Yap on the issue of the prosecution’s failure to justify the delay.

“In sum, the prejudice and pernicious effect of the inordinate delay that attended the investigation into these cases against (Yap) becomes manifest,” the decision stressed.

It said the criminal charges against the accused should now be dismissed with the bail he posted released and the hold departure order issued against him lifted and set aside.

Associate Justices Michael Frederick Musngi, Alex Quiroz and Geraldine Faith Econg approved the junking of the cases while Associate Justices Sarah Jane Fernandez and Bayani Jacinto dissented.