MCIAA board gives Yap 5 days to answer charges

The Mactan Cebu International Airport Authority (MCIAA) board has given suspended General Manager Adelberto Yap five days to answer the charges raised against him on some alleged questionable "emergency purchases."

As this developed, Yap, through his lawyers Joseph Randi Torregosa and Tadeo Tumaodos of the Angara Concepcion Regala Cruz and Abello (ACCRA) Law Firm contested the decision of the board putting him under preventive suspension.

In his July 26 letter addressed to MCIAA board chairman and Department of Transportation and Communication Sec. Leandro Mendoza, Yap's lawyers said that, "while the board may have the authority to appoint, it however, does not have the authority under the law to discipline the General Manager of the Authority who is an ex-officio vice-chairman of the Board."

A copy of the letter was faxed to the office of Governor Gwen Garcia yesterday afternoon.

"Morag they got it the other way around. The power to appoint carries with it the power to discipline unless the law says otherwise," said Garcia in a news conference yesterday.

The governor said she was "mystified and befuddled by this strange turnaround" of Yap who is contesting the board's decision when in fact he offered to resign when Garcia sought to put him under preventive suspension in an emergency meeting last Friday.

Yap was reportedly told that his offer would be discussed in the board's next meeting. But DOTC assistant secretary and MCIAA board alternate chairman Nilo Jatico said that they are still waiting for Yap's resignation letter.

Yap had in fact issued a statement in the past that he was willing to resign if the board would no longer need his services.

The letter of Yap's lawyers said: "Gen. 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."

It concluded that any matter concerning the MCIAA operations must be brought to Yap's attention as he is by law empowered to act as the chief executive officer of the authority.

"Let me point out that him as the GM is also an ex-officio vice-chair of the board. But let me just make this clear. We do not remove him as a member of the board. We suspended him as general manager," Garcia commented. "And it follows that since he has been suspended as GM, he cannot perform his functions sitting as ex-officio member of the board."

Upon evaluation of the recommendation presented by the ad hoc committee tasked to investigate at least four questionable airport transactions involving Yap, the board has decided to give Yap five days to answer the charges that may be filed against him before the court.

These cases do not cover the previous charges already filed against him before the Office of the Ombudsman-Visayas.

As Yap's apparent defiance to the suspension order created confusion at the airport, the governor said the board has already appointed Romeo Bersonda as officer-in-charge and MCIAA board member, and former Cebu City vice mayor Renato Osmeña as airport "overseer."

"So there should be no confusion among all employees of the MCIAA though I cannot vouch for the confusion in the mind of Gen. Yap," Garcia said. - Cristina C. Birondo