Bohol Rep. Arthur Yap has been dropped as a co-accused in the pork barrel scam case of former Nueva Ecija Rep. Rodolfo Antonino, the Sandiganbayan special sixth division said in a resolution Tuesday.
The anti-graft court gave weight to Yap’s omnibus motion to dismiss the case due to the “violation of his constitutional right to speedy disposition of cases.”
Associate Justice Michael Frederick Musngi penned the resolution on the dismissal of Yap’s case, with Associate Justices Alex Quiroz and Geraldine Faith Econg concurring. Division chairperson Associate Justice Sarah Jane Fernandez and Associate Justice Bayani Jacinto dissented.
The court’s decision effectively lifted the hold departure order issued against Yap, as well as the release of his posted bail bond.
Yap, who served as Agriculture secretary during the Arroyo administration, earlier questioned the Ombudsman taking more than seven years to conduct its fact-finding and preliminary investigation into his alleged involvement in the misuse of Antonino’s P14.55 million in Priority Development Assistance Fund in 2007.
The court’s decision was due to the failure of the prosecution to justify the inordinate delay in the investigations.
“The prosecution argues that the accused did not show any sign of asserting his right like filing a motion for an early resolution of his cases. However, even without the filing of such motion, it is the duty of the prosecution to conclude the preliminary investigation with reasonable dispatch,” the resolution read. Maricel V. Cruz
The court also said the delay prevented Yap from defending himself and clearing his name based on evidence he would present before the court.
“The inordinate delay in the disposition of cases against the accused caused anxiety, hostility, additional expenses, and restriction on his person and well-being,” the Sandiganbayan said.
Yap is facing separate charges owing to his alleged anomalous car loan plans extended to the Board of Trustees of the Philippine Rice Research Institute.
The Bohol representative also is a co-accused to former Misamis Occidental Rep. Marina Clarete’s case involving her alleged misuse of P65 million worth of PDAF from 2007 to 2009.