Tag Archives: 3rd district of Bohol

Fishers say DQ case vs. Yap will reach SC

By Manila Legarda and Bb. Tayuman Recto-Yap

MANILA, Philippines-

Pamalakaya activists accused former agri chief Arthur Yap of pocketing P 455 million in taxpayers money over purchase of 98 ice-making machine

The current legal battle involving the disqualification case filed by the fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) may soon reach the Supreme Court according to petitioners Fernando Hicap and Salvador France, chair and vice chairperson of the activist fishermen group.

“Definitely we will challenge the decision of the Commission on Elections before the highest court of the land. The fight against unlawful and immoral claim of Mr. Yap to represent the third congressional district of Bohol will be vigorously pursued in any appropriate court, in the parliament of the streets and in the court of public opinion. There’s no turning back,” the Pamalakaya leaders said in a joint statement.

Hicap and France, the petitioners to the Supreme Court move will be presided by the filing of motion for reconsideration before the Comelec, and if the poll body rejected the motion, they will elevate the case before the high tribunal for proper legal disposal of the disqualification case.

“It is going to be lifetime nightmare for Secretary Yap unless this most favored Cabinet member of President Gloria Macapagal-Arroyo atone for his political, legal and moral follies and pay for his crimes against the Filipino public,” the Pamalakaya leaders said.

Pamalakaya is now preparing a people’s petition urging senators and congressmen of incoming Congress to investigate Yap on charges of big time corruption in the Department of Agriculture under his watch as secretary of the department.

“It is going to be addressed to the next Senate President and House Speaker of the House of Representatives. Imagine, Secretary Yap, the congressman of Bohol third district is being called to answer charges of top notch crimes of corruption,” the group said.

On January 6, Pamalakaya filed a plunder case against Sec. Yap and President Arroyo in connection with the P 455 million ice making fund scam, which the group said was overpriced by 100 percent per unit. Pamalakaya said Yap and other officials of National Agribusiness Council (NABCOR) should also be investigated on the P 7.14 billion which the Commission on Audit (COA) cited in its’ 2008 report was missing, diverted or bungled.

The Second Division of Comelec last week junked the disqualification case filed by the group.

Pamalakaya received a copy of the 10-page resolution penned by Comelec second division presiding Commissioner Nicodemo Ferrer and members Lucenito Tagle and Elias Yusoph dated May 13, 2010 denying the instant petition for disqualification of Yap.

“After thorough examination of the proofs presented by both parties, we are convinced that Respondent Yap has met such requirement. The term “residence” is to be understood not in the common acceptation as referring to “dwelling” or “habitation” but rather to “domicile” or legal residence, that is, “the place where a party actually or constructively has his permanent home, where he, no matter where he may be found at any given time, eventually intends to return and remain,” the Comelec second division said.

The poll body further said: “It has been established that the domicile of origin of the respondent is in Metro Manila. When respondent Yap decided to make Loboc, Bohol as his residence, such a decision did not begin and end by his intimation to Judge Fernandez of his intention. In 2007, Yap was laying the groundwork for his transfer to the said municipality.”

The Comelec said Yap visited local government officials and neighboring towns whenever his regular visits to the place permitted him. The election body said Yap’s intention was made clearer when he finally purchased the house of his mother-in-law in Barangay Buenavista in Loboc, Bohol.

“Although property ownership is not an indicia of domicile, the fact that the respondent bought the property wherein he resides adds to his foothold to the municipality. His attendance in barangay assemblies as member of barangay is indicative of his desire to integrate himself in the community,” the poll body added.

The Comelec noted that Yap’s contributions in the community were recognized when he was conferred the title “adopted son of Loboc, Bohol by way of Resolution No. 131 adopted on October 24, 2005. The commissioners said the law does not state that in abandoning his domicile, the candidate must divest any and all of his properties and interest attached to his previous domicile.

“His electoral victory is a product of political horse trading, highly questionable and totally ridiculous. We will explore all legal remedies to stop Sec. Yap from misrepresenting the third district of Bohol and use his illegally acquired position to get away with high crimes of corruption he committed during his tenure as chief of the agriculture department,” Pamalakaya said. #

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298 out of 11k Lobocanos confirmed Yap is man from Loboc

By Billy Javier Reyes and Sugar Hicap in Tagbilaran City, Bohol
and Gerry Albert Corpuz in Manila

MANILA, Philippines-Some 298 Lobocanos signed a sworn statement affirming that former Agriculture Secretary Arthur Yap, now running unopposed in the third district of Bohol is a true blue Lobocano entitled to run for congressional seat.

In a supplemental information filed before the Second Division of the Commission on Elections (Comelec) national office in Manila, lawyers of Yap asserted that the sworn statement of 298 residents in Barangay Buenavista is strong proof that Sec. Yap is a legitimate resident in the village and his plan to run in the third district of Bohol is not questionable contrary to what petitioners Fernando Hicap and Salvador France, chair and vice-chair of Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) had raised in the disqualification case they filed against their client on March 9.

The Yap camp had previously questioned the legal capacity of Pamalakaya to file the disqualification case, citing Rule 25 of the Comelec, that groups like Pamalakaya can only question and file disqualification case against national candidates and not on local candidates. They said Yap is running for a seat in the third district of Bohol, and only the people in the third district of Bohol could question his candidacy.

But Pamalakaya’s Hicap said Yap, although running in the third district of Bohol, is no ordinary person in local politics. The Pamalakaya leader said Sec. Yap is the former secretary of agriculture, an influential national figure and one of the most cherished members of the Macapagal-Arroyo cabinet.

“Secretary Yap is a national public figure and influential member of the Arroyo cabinet who has been hounded by high crimes of corruption over the last six years. His misrepresentation of Bohol’s third district is already a big crime. The Filipino public will not allow Yap to use his congressional representation in Congress to evade charges of super corruption against him. Therefore, it is in the national interest of the people to frustrate Yap’s bid for Congress and instead have him prosecuted for first-rate crimes of corruption on multiple counts,” said Pamalakaya.

Pamalakaya said 298 Lobocanos who signed the sworn statement do not represent the 250,000 populace of the third district of Bohol. He said the town of Loboc has 11,000 registered voters and 298 is just about 2 percent of the registered voters.

More than a week ago, President Gloria Macapagal-Arroyo declared former Agriculture Secretary Yap a sure winner in the third district of Bohol, which the fisherfolk alliance viewed as a marching order to the poll body to junk Pamalakaya’s disqualification case filed against Yap.

“We were not born yesterday. President Arroyo’s political prophecy declaring Secretary Yap as congressman of third district of Bohol is a marching order from Malacanang to Comelec to kill the disqualification case against Yap,” the group said.

President Arroyo who was the guest speaker at the first anniversary of a housing project for squatters moved out of Pasig River and victims of typhoons in Marikina and Pasig cities said she was sure of Yap’s unopposed victory in the third district of Bohol.

“Even if he alone votes for himself, Arthur Yap will become congressman because he is unopposed,” said Ms Arroyo.“I asked Yap to sit with me because even if he was already a former government official and now in the private sector and will become congressman,” Arroyo said.

Two weeks ago, Pamalakaya asked the Comelec to immediately tackle the disqualification case against Secretary Yap, adding it was puzzled by the development that the poll body has yet to tackle the case against Yap.

The group likewise filed supplemental information to Comelec to beef up the disqualification case they filed against Sec. Yap. The supplemental information was signed by three officials of Barangay Buenavista, municipal of Loboc disproving Yap’s claim that he lives in the village and a resident of the far-flung barangay, which the former agriculture secretary claimed as his present address as shown in his certificate of candidacy.

The supplemental information carried the signatures of former Barangay Buenavista secretary Corbino Cuhit, incumbent barangay councilor Basilio Balog and resident Mateo Ratonel, brother of incumbent barangay councilor Boy Ratonel which said that Yap was never been a resident of the barangay and the controversial secretary just arrived in their village at the start of the election season.

The three said the house and the address referred by Sec. Yap as his official domicile in Buenavista, Loboc is a far-flung community which is not passable to any regular vehicle except single motorcycles due to rough road and mountainous curves.

In their 4-page disqualification case against Yap filed last March 9, Pamalakaya said the former agriculture secretary lacks qualification to run as congressman for the third district of Bohol because he is not a resident of province 3rd district. The group asserted the position for which Yap filed a certificate of candidacy requires that a candidate be a resident of the district (3rd District of Bohol) for a period of not less than one year immediately preceding the May 10, 2010 elections.

Pamalakaya maintained Secretary Yap failed to meet the qualification because the former agriculture secretary still lives in Ortigas, Pasig City and there is no evidence or overt act that Yap abandoned his domicile of origin. The group said their case against Yap is similar to the recently concluded case decided by the poll body against actor Richard Gomez who was barred by Comelec from running in Leyte over the question of domicile.

“More than the issue of residency is the stockpile of graft charges filed by against Secretary Yap before the Office of the Ombudsman regarding irregular and highly questionable use of taxpayers’ money by the agriculture department. This disqualification case pertaining to lack of qualification to run on the basis of residency is just part of the whole process to unearth the truth on controversies surrounding this controversial cabinet of President Gloria Macapagal-Arroyo,” said Pamalakaya.

Last January 6, Pamalakaya filed plunder and other criminal and administrative charges against Yap in connection with the P 455 million overpriced ice-making machines. Included in the charge sheet are President Arroyo and other officials of the National Agribusiness Council (Nabcor), an attached agency of DA. On top of the P 455 million ice making fund scam is the P 7.14 billion which the Commission on Audit (COA) cited in its’ 2008 report was missing, diverted or bungled.

“We filed this case not to spoil the political ambition of Sec. Yap. We filed this case because we want truth and justice to prevail over the narrow interest of new breed of traditional and corrupt politician like Sec. Yap,” Pamalakaya added.

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Philippine president “orders” poll body to let favored bet run in May elections?

By Gerry Albert Corpuz, Trinity Biglang Awa and Chocolate Moose Fernandez

MANILA, Philippines- The 28 national council leaders of the militant fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) on Wednesday said the annoucement of President Gloria Macapagal-ArroyoGloria Macapagal-Arroyo declaring former Agriculture Secretary Arthur Yap a sure winner in the third district of Bohol is a marching order to the Commission on Elections (Comelec) to junk Pamalakaya’s disqualification case filed against Yap.

“We were not born yesterday. President Arroyo’s political prophecy declaring Secretary Yap as congressman of third district of Bohol is a marching order from Malacanang to Comelec to kill the disqualification case against Yap,” said Pamalakaya national chairperson Fernando Hicap in a press statement.

Ya is running unopposed in his wife’s home province but on March 9, Pamalakaya filed a disqualification case against him for lack of residency.

President Arroyo who was the guest speaker at the first anniversary of a housing project for squatters moved out of Pasig River and victims of typhoons in Marikina and Pasig cities said she was sure of Yap’s unopposed victory in the third district of Bohol.

“Even if he alone votes for himself, Arthur Yap will become congressman because he is unopposed,” said Ms Arroyo.“I asked Yap to sit with me because even if he was already a former government official and now in the private sector and will become congressman,” Arroyo said.

Last week, Pamalakaya asked the Comelec to immediately tackle the disqualification case against Secretary Yap, adding it was puzzled by the development that the poll body has yet to tackle the case against Yap.

The group likewise filed supplemental information to Comelec to beef up the disqualification case they filed against Sec. Yap. The supplemental information was signed by three officials of Barangay Buenavista, municipal of Loboc disproving Yap’s claim that he lives in the village and a resident of the far-flung barangay, which the former agriculture secretary claimed as his present address as shown in his certificate of candidacy.

The supplemental information carried the signatures of former Barangay Buenavista secretary Corbino Cuhit, incumbent barangay councilor Basilio Balog and resident Mateo Ratonel, brother of incumbent barangay councilor Boy Ratonel which said that Yap was never been a resident of the barangay and the controversial secretary just arrived in their village at the start of the election season.

The three said the house and the address referred by Sec. Yap as his official domicile in Buenavista, Loboc is a far-flung community which is not passable to any regular vehicle except single motorcycles due to rough road and mountainous curves.

In their 4-page disqualification case against Yap filed last March 9, Pamalakaya said the former agriculture secretary lacks qualification to run as congressman for the third district of Bohol because he is not a resident of province 3rd district. The group asserted the position for which Yap filed a certificate of candidacy requires that a candidate be a resident of the district (3rd District of Bohol) for a period of not less than one year immediately preceding the May 10, 2010 elections.

Pamalakaya maintained Secretary Yap failed to meet the qualification because the former agriculture secretary still lives in Ortigas, Pasig City and there is no evidence or overt act that Yap abandoned his domicile of origin. The group said their case against Yap is similar to the recently concluded case decided by the poll body against actor Richard Gomez who was barred by Comelec from running in Leyte over the question of domicile.

“More than the issue of residency is the stockpile of graft charges filed by against Secretary Yap before the Office of the Ombudsman regarding irregular and highly questionable use of taxpayers’ money by the agriculture department. This disqualification case pertaining to lack of qualification to run on the basis of residency is just part of the whole process to unearth the truth on controversies surrounding this controversial cabinet of President Gloria Macapagal-Arroyo,” said Pamalakaya.

Last January 6, Pamalakaya filed plunder and other criminal and administrative charges against Yap in connection with the P 455 million overpriced ice-making machines. Included in the charge sheet are President Arroyo and other officials of the National Agribusiness Council (Nabcor), an attached agency of DA. On top of the P 455 million ice making fund scam is the P 7.14 billion which the Commission on Audit (COA) cited in its’ 2008 report was missing, diverted or bungled.

“We filed this case not to spoil the political ambition of Sec. Yap. We filed this case because we want truth and justice to prevail over the narrow interest of new breed of traditional and corrupt politician like Sec. Yap,” the fisherfolk alliance added.

Pamalakaya maintained Sec. Yap cannot even speak the language of Boholanos. The group also said the respondent and his family continue to stay in Metro Manila and that in the concept of domicile underelection laws is at Alexandra Residence in Pasig City.

“How can he live and reside in Bohol when Sec. Yap practices his profession and conducts his business in Metro Manila? He continues to be a member of the Integrated Bar of the Philippines, Makati Chapter and likewise holds office in Quezon City. He cannot even speak the language of Boholanos and the people of Central Visayas verbally and by heart. It is really impossible” the group said.

The militant group asserted that Sec. Yap is not domiciled in Barangay, Buenavista in Loboc, Bohol or anywhere within the 3rd legislative district of Bohol. It said the respondent does not have real, substantial and material ties to the locality as to qualify him a resident of the said legislative district, adding that Sec. Yap spends much more time in Metro Manila than in Bohol.

“His visits in Bohol are infrequent, short and transient,” said Pamalakaya. #

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Yap’s wait and see attitude puzzles militant group

By Billy Javier Reyes and Bb. Joyce Cabral

Manila, Philippines-Leaders of the activist fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) and staunch ally Anakpawis party list wondered why up to now Agriculture secretary Arthur Yap refuses to vacate the Department of Agriculture (DA) post despite the Supreme Court announcement this week that all appointed government officials running in the May 2010 elections were deemed resigned when they filed their certificates of candidacy.

Secretary Yap had filed his certificate of candidacy and is running unopposed in his bid to represent the 3rd district of Bohol province this May 2010 polls. But Pamalakaya national chair Fernando Hicap said Yap’s continued stay in the agriculture department revealed that the controversial Cabinet official has some “monkey business” to finish before the leaves office.

On Feb.23, the high tribunal issued decision directing all appointed government officials who are running for elective posts in May 2010 elections to quit public office. SC spokesperson Atty. Midas Marquez said the ruling was immediately executor, but the parties involved can file a motion for reconsideration.

“Is Secretary Yap over and above the Supreme Court? It is really mind-boggling and super puzzling why up to now; the agriculture secretary never said anything about the high court’s direct order for him to relinquish his post. Perhaps he has still some unfinished monkey business in DA. Just to remind the public, Yap steered DA into one of the top grossing corrupt offices in the Macapagal-Arroyo administration,” the Pamalakaya leader said.

“Secretary Yap has been very silent since the SC made its ruling on appointed government officials seeking elective posts in May 2010 elections. It will just take an hour for him to write and tender his resignation,” added Hicap.

Last week, Anakpawis party list and Pamalakaya dared President Gloria Macapagal-Arroyo and Agriculture Secretary Yap to account a total of P 7.14 billion in taxpayers’ money, which the Commission on Audit (COA) found missing or diverted to other purposes in 2008.

Anakpawis secretary general Cherry Clemente said President Arroyo and Sec. Yap did not disclose the public the report and findings of COA about the disbursement of more than 7 billion pesos, which the state-run auditing body said was lost to “wasteful operation, bungled project implementation or missing and diverted funds.

“Mrs. Arroyo and Mr. Yap concealed the COA report to the public for obvious reason—first rate crimes of corruption were committed involving billions of public funds courtesy of the Office of the President and the Office of the secretary of Agriculture,” she said.

Quoting the COA 2008 report, the Anakpawis official said a total of P 5.19 billion intended for farm-to-market road project were either missing or incomplete. She said the DA only spent P 1.3 billion or 38.99 percent of the total project allotment for 2008. Another big item, the P 1.3 billion fertilizer fund project under the GMA Rice Program was also bungled because local government units refused to participate in the implementation.

Pamalakaya and Anakpawis party list took note COA’s other findings like printing of P 2.2 million fertilizer discount coupons which were rendered useless, the construction of mini-dams in Regions VIII, IX and XI built at a cost of P 7.35 million but were rendered useless due to inferior construction, the construction of 11 Barangay Food Terminals worth P 1.55 million but only one was functional, and the remaining 10 were condemned due to operational deficiencies.

The same COA report described DA as notorious in purchasing equipment which are overpriced, not really needed or cannot be utilized or run by intended beneficiaries, adding that many of the equipment bought are unutilized, undelivered and now rusting in storage.

Pamalakaya said the earth shaking COA report should stop the national government and the agriculture department from buying 300 new ice-making machines to the amount of P 1.5 billion on top of the 98 ice-making machines which DA purchased in 2009 at an overpriced rate of P 4.6 million, 100 percent more of the prevailing industry price.

On January 6, Pamalakaya and Anakpawis led complainants to the plunder case filed against President Arroyo and Agriculture secretary Yap and officials of National Agribusiness Corporation (Nabcor) in connection with the controversial P 455 million overpriced ice-making machines project said the government through the Department of Agriculture (DA) and the National Agribusiness Corporation (Nabcor). #

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