Sandigan suspends ex-agri chief Yap over ‘pork’ scam

Former agriculture secretary and now Bohol Gov. Arthur Yap has been suspended for 90 days in connection with the charges filed against him over his alleged involvement in the pork barrel scam.

In a minute-resolution promulgated on Sept. 18 and obtained by reporters over the weekend, the Sandiganbayan’s Third Division said Yap’s suspension is “mandatory” to prevent him from using his office “to intimidate witnesses... frustrate his prosecution or continue committing malfeasance in office.”

The Department of the Interior and Local Government was tasked to implement the suspension order.

Yap is facing two counts of graft, malversation of public funds and malversation of public funds through falsification of public documents. He posted bail of P300,000 for his provisional liberty.

The third division said the validity of the cases filed against Yap has been affirmed when the court denied his motion to quash them. The court also noted that Yap was arraigned for the cases during which he entered a not guilty plea.

The court dismissed Yap’s argument that it is “premature” to place him under preventive suspension because the Supreme Court (SC) has yet to act on his petition for a temporary restraining order.

“The pendency of a petition for certiorari will not prevent the Sandiganbayan from proceeding to trial absent the issuance of a temporary restraining order or writ of preliminary injunction,” the third division, quoting a previous SC ruling, said.

“While... Yap ceased to be connected with the DA since 2010... the presumption is that unless the accused is suspended, he may frustrate his prosecution or commit further acts of malfeasance or do both,” the court said.

Yap was indicted over the alleged misuse of P62.63 million in Priority Development Assistance Fund or pork barrel of former Misamis Occidental first district representative Marina Clarete from 2007 to 2009.

The ombudsman said Yap signed a memorandum of agreement for one of the projects amounting to P6.5 million, which was awarded to a questionable non-government organization that Clarete endorsed to implement her livelihood projects.

Yap had justified his action, saying it was part of his duty as former agriculture secretary.