Sandiganbayan bars Yaps from leaving PH
The Sandiganbayan on Wednesday issued a precautionary hold departure order (HDO) against Benguet Rep. Eric Yap and his brother, former ACT-CIS party list Rep. Edvic Yap, in connection with a complaint stemming from two allegedly anomalous projects in Bauang town, La Union.
Eric Yap was named “beneficial owner” of Silverwolves Construction Corp., contractor of the two projects, which is facing complaints of malversation of public funds before the Sandiganbayan, along with other officials of the Department of Public Works and Highways (DPWH) in La Union.
“It is precautionary,” Assistant Ombudsman Mico Clavano told reporters on Tuesday, confirming that the antigraft court has granted the petition filed by state prosecutors.
Malversation of funds
He explained that a precautionary HDO may be requested against respondents who are considered “flight risks” during the preliminary investigation of a complaint.
In October last year, Public Works Secretary Vince Dizon filed complaints of malversation of public funds through falsification of public documents against Silverwolves and officials from the DPWH’s 2nd District Engineering Office in connection with the two flood control projects that were found to be substandard.
The projects—each costing more than P89 million—were awarded to Silverwolves. These were declared as completed and the contractor was fully paid, even if inspections showed otherwise.
‘Beneficial owner’
After the filing, Ombudsman Jesus Crispin Remulla said that Eric Yap, being the “beneficial owner” of Silverwolves, was among the “persons of interest” in the case involving the projects in Bauang town.
“He divested from it (Silverwolves) a few years ago, supposedly, but there’s reason to suspect that he’s still the beneficial owner of the company, so there’s a clear case of conflict [of] interest,” Remulla said then.
Remulla added that they found out through the Anti-Money Laundering Council that contractors Pacifico and Cezarah “Sara” Discaya sent money to the Yap brothers.
Eric Yap, chair of the House appropriations committee from 2020 to 2022, has denied involvement in any kickback scheme, saying he did not authorize any money delivery related to the projects.
The Sandiganbayan’s Second Division found the application of state prosecutors to be “meritorious,” but clarified that the issuance of the precautionary HDO does not indicate criminal liability.
“It does not constitute a finding of guilt, nor does it foreclose appropriate motions for its lifting upon a showing that the factual bases for its issuance no longer obtain,” it said. —DEMPSEY REYES WITH A REPORT FROM INQUIRER RESEARCH
