Gov. Arthur Yap believes that the case filed against him, Provincial Administrator Kathyrin Pioquinto and members of the provincial government’s Bids and Awards Committee (BAC) is the start of the political persecution instigated by his critics who are out to unseat him as the provincial governor.
The governor made his statement during the virtual press conference on Friday, July 16, 2021.
The governor said that filing of cases against him is the only thing his critics can do to unseat him as governor. He added that his critics have no achievements to brag about, hence, these people have resorted to filing cases against him which are groundless and baseless.
Yap said that he considers the case as a form of harassment because he and other officials of the provincial government can easily answer any question regarding the transactions of the Capitol.
“Why is it, that, instead of talking to me and clarifying about these findings, what they are doing is file a case?” the governor told The Bohol Tribune during the press conference.
The governor added that since a staunch critic has already filed a case, he and other respondents are now careful about their statements as these may be used to incriminate them.
The governor believes that the one who filed a case against them is not after the truth, but wants to use the case for propaganda purposes similar to the tactic used against current Vice Gov. Rene Relampagos when the latter ran during the previous election period.
Yap recalled that Relampagos’ critics used the Salcon and Baclayon mansion issues as propaganda pieces that led to the latter’s loss in the gubernatorial race back in 2001.
Yap said that in the end Relampagos was vindicated after several years when the anti-graft court junked the Salcon case.
Likewise, it was not proven that Relampagos owned a mansion in Baclayon.
In fact, early this year, Yap chided a critic for insinuating that he too owns a mansion in Baclayon.
Moreover, the governor is not taking the situation sitting down as he also plans to file charges against his critics.
Meanwhile, Yap challenged the public to ask themselves if indeed the one who filed the case against him, former Mayor Dan Neri Lim, is a person known for integrity, honesty and performance.
“Take a look at the person who is filing a case against me, what is he known for?” the governor asked during the press conference.
BACKGROUND
On July 15, 2021, staunch Yap critic Willy Ramasola posted on Facebook that charges against Yap and others were filed before the Ombudsman.
Former Tagbilaran mayor Lim signed the 13-page complaint against Yap and others for alleged violation of Republic Act 3019 or the Anti Graft and Corrupt Practices Act and Republic Act 7080 or the Anti-Plunder Law.
Lim accused Yap and others for alleged anomalous transactions involving the procurement of rice, fuel, broadcast services and lights and sounds.
BAC’S STAND ON THE ISSUE
A statement was sent to The Bohol Tribune by Provincial Legal Officer Nilo Ahat who is also the chairman of the BAC. We are printing his statement in toto: :
“On the alleged complaint for plunder, although still unofficial, I agree with the popular observation that this is an abuse of our legal system as a tool of political attack against the Honorable Governor by painting him of unprecedented corruption in history.
By legal gymnastics they are equating violation of RA 9184 as plunder under RA 7080. But this is a false feat of cavorting with the rules.
What these political sour losers don’t know is that RA 9184 comes with a protest mechanism that is intended as condition precedent before resort to court action, without which the seal of regularity stands undisturbed. So what are they expecting to achieve? Conviction for plunder? Of course NOT, because there’s nothing in the ultimate facts thereof that even remotely approach the elements of plunder, as defined by law and jurisprudence.
All that the complaint could muster is a violation of the rules of competitive bidding which is a different crime in itself. This kind of allegation will never ripen into plunder.
So I assure everyone that this is a plain and simple political harassment against the Governor.
Your Bids and Awards Committee is ready and able to defend the integrity of our procurement proceedings.
On the persons involved in this legal gymnastics, they are the same rabid Capitol critics who keep repeating ad nauseam their unfounded and baseless allegations of corruption and irregularities committed by the Governor and other [Provincial Government of Bohol] PGBh officials. I can say without fear of contradiction that what they are doing is not driven by their love for Boholanos or that the interest of public service is in their mind. Very unlikely.
What they are doing is due to their hatred for the Governor who beat their gubernatorial bet in 2019 elections.
All that they wanted is to exact revenge against him for that loss which resulted in their lose of face to the Boholanos.
It is not about the welfare and benefit of the people. It is about their wounded pride after boasting of a clear and easy victory for their candidate.
Na-ulawan sila sa ilang kaparotan mao nga gusto nilang manimalos ni Gov. Yap.
It has become their obsession to take revenge against the Governor. So we can expect that they will continue to make baseless and unfounded allegations, fabricate lies, distort facts to get back at him.
Inciting the people to hate the incumbent Governor is the only way they know how to beat him.”
LEGAL OPINION
Several points were raised by Yap’s personal lawyer and legal spokesperson, lawyer Lord “Popot” Marapao IV during a radio interview.
Marapao was interviewed over station dyTR on Friday regarding the latest case filed against the governor.
Marapao thinks the case is nothing more than a rehashed, recycled, and refiled request for investigation over regular, legitimate, and above-board procurement by the PGBh in which the critics masqueraded as plunder to serve as political propaganda and harassment.
He added that the prayer is a request for an investigation of probable cause and filing of Information before the Sandiganbayan, which glaringly shows that Lim has really no case to begin with.
Marapao quipped that based on the complaint, the complainant is not certain whether or not there is a violation of the law.
“[Lim] merely cited the legal provisions, including the legality of resorting into alternative modes of procurement, without making any allegation why resorting to these alternative modes, including negotiated procurement, are not justified under this time of pandemic,” Marapao emphasized.
The governor’s lawyer questioned the integrity of Lim, the former mayor of Tagbilaran, who refiled the request for investigation with the Office of the Ombudsman for political aggrandizement and attempt to remain relevant since the first case Lim filed, according to Marapao, has not acted upon as of this time.
“They just labeled this second request for investigation as ‘plunder’ to harass Governor Art Yap, a clearly politically motivated case, at the expense of the hardworking members of the Bids and Awards Committee who were all solely motivated to address the COVID-19 pandemic in these procurements of the Bohol Provincial Government,” Marapao said in the radio interview.
He added: “The complaint is bereft of any allegation why these procurements are violative of R.A. No. 7080, as amended, or the Plunder Law, as Mr. Dan Lim did not discuss the existence of the elements under the said law.”