Sandiganbayan acquits PRC exec of graft for insufficient evidence

The Sandiganbayan has acquitted an executive of the Professional Regulation Commission (PRC) of the graft charges filed against him by the Office of the Ombudsman. (PNA photo)

MANILA — For insufficiency of evidence, the Sandiganbayan has acquitted an executive of the Professional Regulation Commission (PRC) of the graft charges filed against him by the Office of the Ombudsman.

In a 19-page decision dated last Aug. 10, the anti-graft court’s 1st Division exonerated Alfredo Yap Po, president of the Philippine Association of the Professional Regulatory Board Members, Inc.

(PAPRB), a non-stock, non-profit corporation duly registered with the Securities and Exchange Commission, of graft charges.

“Wherefore, in light of all the foregoing, for failure of the prosecution to prove the guilt of the accused beyond reasonable doubt, accused Alfredo Yap Po is hereby acquitted of the charge of violation of Section 3(e) of RA (Republic Act No.) 3019, as amended, without prejudice to any civil action which the Professional Regulation Commission may file against him,” the decision read.

The anti-graft court also lifted and set aside the hold departure order it issued against Po.

Po, when he was acting chair of the PRC Board of Mechanical Engineering, allegedly entered into a contract with private firm Hasikani to rent out the PRC premises to private entities to subsidize PAPRB’s operating expenses on July 15, 2006.

In a letter dated April 18, 2006, Po requested authority from then PRC chair Leonor Tripon-Rosero to allow PAPRB to do this. It was indicated in the letter that all electrical and water consumption shall be paid directly to the PRC.

The PAPRB and Hasikani entered into a memorandum of agreement on June 13, 2006.

On Jan. 14, 2009, the Commission on Audit (COA) issued Audit Observation Memorandum to the PRC, stating that “Hasikani, among other private entities, operates business regularly within the PRC premises without legal basis. By way of response, PRC Chair Nicolas Lapena confirmed that the PRC informed PAPRB as to Hasikani’s lack of legal authority, and for the PRC Cooperative to collect the rental fees of Hasikani.

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On Oct. 18, 2012, the COA requested for the status of the implementation of the audit recommendation and that PAPRB remit the fees collected from Hasikani.

The PRC accounting division responded that it has no record of receiving remittances from the PAPRB representing rent collections from Hasikani.

On March 4, 2014, the Field Investigation Office of the Ombudsman filed a criminal case against Po for violation of Section 3(e) of RA 3019, or the “Anti-Graft and Corrupt Practices Act”.

The Ombudsman found probable cause to indict Po and filed criminal charges against him before the Sandiganbayan on Oct. 7, 2016.

It alleged that the unwarranted benefit, advantage or preference given to Hasikani was when it entered into a MOA with Po, allowing it to establish business centers inside the PRC premises without authority or consent from the PRC or the PAPRB Trustees.

However, the anti-graft court said “considering that the prosecution failed to present sufficient evidence as to the exact amount of rental fees which the accused and/or the PAPRB collected from Hasikani, the Court is unable to make a definite pronouncement as to the civil liability on the part of the accused.”