The Office of the Ombudsman has downgraded the administrative case against former Bohol Governor Arthur Yap and several other local officials from grave misconduct to simple misconduct, citing good faith after the respondents voluntarily returned P761,000 to government coffers.
Also named in the modified ruling were Provincial Prosecutor Nilo Ahat, Loon Mayor Yul Lopez, and other officials.
The case stemmed from the alleged illegal rental of a sound and lighting system from PTM Disco.
Under the revised decision, the officials were penalized with a three-month suspension without pay.
The penalty was deemed served, however, as all the respondents had already left office as of February 2025.
The Ombudsman found sufficient basis to give weight to Yap’s claim of good faith after he refunded the full amount on Dec. 12, 2023, following receipt of a notice of disallowance from the Commission on Audit.
The office ruled that the restitution of the disallowed amount constituted strong evidence that the officials harbored no intent to misappropriate public funds.
In its ruling, the Ombudsman drew a distinction between an error in judgment and grave misconduct, stating that a lapse in judgment unmixed with malice does not rise to the level of the graver offense.
The office also took into account that the respondents had acknowledged their shortcomings and that it was their first such violation, both of which were considered mitigating circumstances warranting a lighter penalty.
With the downgraded finding, the officials are now cleared of the heavier charge and may resume government service or hold public office without the disqualification that a grave misconduct ruling would have imposed.