Sandigan suspends Bohol governor

The anti-graft court has ordered the 90-day suspension of Bohol Gov. Arthur Yap due to his pending graft case in relation to the alleged misuse of P65 million Priority Development Assistance Fund (PDAF) of former Misamis Occidental first district Rep. Marina Clarete.

Yap, who was former Department of Agriculture (DA) secretary, is facing two counts of graft charges and malversation through falsification. He was implicated since one of the implementing agencies involved in the assailed transaction was National Agribusiness Corporation, which is under the DA.

According to the Sandiganbayan Third Division Associate Justices Amparo Cabotaje-Tang, Bernelito Fernandez and Ronald Moreno, Section 13 of Republic Act 3019 makes it mandatory for the Sandiganbayan to suspend any public official against whom a valid information charging a violation of the said law or any offense involving fraud upon government of public funds is filed.

In his manifestation, Yap claimed that any move to place him under preventive suspension is premature due to the pendency of the petitions for certiorari which he filed with the Supreme Court (SC). According to him, one of the said petitions assails the Office of the Ombudsman’s resolution finding probable cause to charge him of graft.

At the same time, Yap said his suspension would not serve any purpose saying since he has left the DA in 2010, he can no longer intimidate the witnesses presented by the prosecution as they no longer know him. However, the Court found no merit on Yap’s manifestation.

Meanwhile, the Sandiganbayan Third Division has refused to allow the early release of former Palawan Mayor Joel Reyes, who was earlier convicted of graft for giving unwarranted benefits to a mining firm.

In a resolution dated 24 October, the Court said the motion for reconsideration filed by Reyes seeking the reversal of its ruling that denied his Motion to Release Accused After Service of Minimum Penalty is “devoid of merit.”

Reyes, in his motion, argued that he should be released as he has already served the minimum penalty in his sentence.

He invoked Section 5 of A.M. 12-11-2 of the SC which states that the accused who has been detained for a period at least equal to the minimum of the penalty for the offense charged against him shall be ordered release, motu propio or on motion and after notice and hearing.

Reyes was sentenced to a minimum imprisonment of six years and one month, and a maximum of eight years. He was allowed to post P60,000 bail for his provisional liberty but was rearrested after the Sandiganbayan revoked the bail he has posted on 17 January 2018.