The Sandiganbayan Third Division refused to budge on its decision to convict former Mactan Cebu International Airport Authority (MCIAA) General Manager Adelberto Frederico Yap of his two graft charges involving the irregular purchase of a P38 million Aircraft Rescue Fire Fighting Truck back in 2006.
Yap allowed Asiaborders Philippines Inc. president Marlon E. Barillo to win the bidding for the said truck even though his company wasn't a qualified bidder, and he even made an advanced partial payment of P6 million to the said company.
At the same time, the vehicle subject of the contract has not yet been delivered, inspected and accepted, which is in violation of Section 88 of Presidential Decree No. 1445.
Yap, together with his co-accused Barillo and Officer-in-Charge of Accounting Ma. Venus B. Casas filed separate motions for reconsideration. Yap claimed that he should not have been convicted since he never discharged his functions with manifest partiality, evident bad faith, or gross inexcusable negligence.
Yap likewise alleged that he only acted under the direction and authority of the MCIAA Board, and he maintained there was no proof that the deal was disadvantageous to the government.
However, the anti-graft court ruled that all elements of the crime of graft have been proven by the prosecution. The court stressed that Yap signed the disbursement voucher releasing the P6 million even if he was aware of the non-delivery of the truck because he trusted the people in the accounting, legal, and finance departments.
"Contrary to the claims of the accused, the prosecution was able to show the element of causing undue injury to any party, including the government, or giving any private party unwarranted benefits, advantage or preference in the discharge of his functions," the resolution read.
In the present case, the MCIAA shelled out P6 million for the opening of a letter of credit which was supposed to be the obligation of the supplier.
The nine-page resolution was penned by Associate Justice Ronald Moreno with the concurrence of Presiding Justice Amparo Cabotaje-Tang and Associate Justice Bernelito Fernandez.
Yap was convicted of two graft charges and faces a penalty of six to 12 years imprisonment, while Barillo and cases were convicted of one graft count each and meted with six to 10 years imprisonment. Their other co-accused not included in the MR are Bids and Awards Committee Chairman Veronica Ordoñez and Legal Officer Sigfredo Dublin.