Saturday, August 16, 2008 Cebu airport exec seeks suspension of falsification trial
MACTAN-Cebu International Airport Authority (MCIAA) general manager Adelberto Yap has asked the Sandiganbayan First Division to suspend proceedings in the falsification case filed against him by the Office of the Ombudsman.
In an omnibus motion, Yap said he was not duly notified of his indictment before the information was filed at the Sandiganbayan.
He said he received the ombudsman's resolution recommending the filing of a falsification case against him only last August 11, more than two weeks since the case was filed on July 24, 2008.
The defendant invoked his right to seek a reconsideration of the adverse ruling from the anti-graft body saying there were several infirmities in the information.
Prosecutor Jane Aguilar accused Yap of filing a bogus copy of Republic Act 6958 (the law creating the MCIAA) allegedly in an attempt to hoodwink the Civil Service Commission (CSC) into reversing its resolution rejecting his appointment as MCIAA general manager for lack of qualification.
Yap reportedly intercalated the phrase "upon nomination by the President of the Philippines" under Section 7 (b) as a justification for his motion for reconsideration.
But the accused claimed he could not be held liable because the document used as basis for the case was a facsimile copy (fax).
He argued that the crime of falsification by alteration or intercalation only applies to a genuine document.
"A faxed copy of RA 6958 is definitely not a genuine document and therefore cannot be the subject of falsification within the statutory meaning of the law," Yap said.
In addition, the defendant said there was no proof that the alleged offense has any connection with his office as MCIAA general manager.
The Sandiganbayan has already issued an arrest warrant against Yap, but the Cebu airport official posted a P24,000 bail bond for his temporary liberty. (Sunnex)
