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Thursday, July 27, 2006
Yap hangs on to job
Adelberto Yap wants to hold on to his post and insists that he is still the Mactan-Cebu International Airport general manager.
Yap said the Mactan-Cebu International Airport Authority (MCIAA) board “does not have the authority under the law” to impose disciplinary action against the general manager, who is an ex-officio vice chairman of the board.
He made known his position in a letter sent to MCIAA Chairman Leandro Mendoza, through the Angara Abello Concepcion Regala and Cruz Law Office.
“We, therefore, bring to your kind attention that General Yap is and continues to be the general manager of the Authority and is willing, ready and able to discharge the functions appurtenant to his office,” the letter read.
“Thus, any matter concerning the operation of the MCIAA must and should be brought to his attention for his appropriate action as he is by law entrusted and empowered to act as the chief executive officer of the Authority to the exclusion of any other person,” added the two-page letter.
It was signed by Joseph Randi Torregosa and Tadeo Tumaodos of the law office and Yap. Copies were sent to all members of the board and Romeo Bersonda, officer-in-charge of the airport.
But Gov. Gwendolyn Garcia, member of the board, said the power to appoint carries with it the authority to discipline.
“This is rather strange and mystifying. I am befuddled by this strange turnaround of the client of (Angara law office),” she said.
She revealed that during the July 21 special meeting of the board where Yap was suspended, Yap even tendered his “irrevocable resignation.”
But her motion to suspend was already carried, and since a special meeting tackles only one agenda, the board offered to take up Yap’s offer of resignation in another meeting, she said.
“We waited for a formal letter which he did not submit….He is contesting his own statement, wa niya gi-honor iyang gisulti,” Garcia said.
“But I had said this can’t end with his offer of resignation. Whatever it is, people will have to answer,” she added.
MCIAA Alternate Chairman Nilo Jatico, in a separate interview, said that while Yap has the right to exhaust all the remedies to keep his position, he believes the board has the power to discipline Yap.
“The MCIAA board is taking care of what is necessary for the best interest of this government entity. We believe that our decision to suspend Yap is based on laws. And we are always consistent on our stand that the board has the power to appoint and dismiss a general manager,” Jatico said.
For his part, Yap sent a text message to Sun.Star Cebu stating that the board erred in suspending him over unfounded allegations.
He said the board did not even respect the temporary restraining order (TRO) issued by the Court of Appeals stopping the Civil Service Commission from removing from office because of lack of third-level eligibility.
Yap said the TRO will expire on July 30 yet.
Last Friday, the MCIAA board suspended Yap indefinitely after questions were raised on the P110-million contract awarded to ARN Builders, which the board cancelled.
Investigation is also being done on the falsified MCIAA Charter that reached the Civil Service Commission to support Yap’s appointment.
Other transactions were also questioned for being tagged as emergency purchases, which were overpriced.
In a meeting yesterday, the board gave Yap time to respond to “the formal charges that will be leveled against him.”
“We will not touch the charges filed at the Ombudsman. We will deal with other uncovered transactions. Five days will be enough time for him (to answer),” the governor said.
Garcia said that as far as the board is concerned, Bersonda is in charge of the airport, with board member Renato Osmeña as overseer.
“There should be no confusion on employees of MCIAA, though I can’t vouch for the confusion on the mind of Yap,” she said. (JPM/EOB)
For Bisaya stories from Cebu. Click here. (July 27, 2006 issue)
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