Ex-MCIAA GM found guilty of less serious dishonesty

CEBU, Philippines - The Office of the Ombudsman has found former Mactan-Cebu International Airport Authority (MCIAA) general manager Adelberto Yap guilty of falsifying a document, which reportedly led to his temporary appointment as MCIAA chief.

In a nine-page decision penned by Ombudsman investigator Jane Aguilar, Yap reportedly falsified a copy of Republic Act 6958 or the law that created MCIAA, which was faxed to the office of then commissioner Waldemar Valmores of the Civil Service Commission.

Yap allegedly inserted the phrase “upon nomination by the President of the Philippines” in Section 7, paragraph (b) of RA 6958, which he himself certified to be a true copy from the records division of the Department of Transportation and Communication.

The copy was faxed to Valmores’ office on October 21, 2005, seven months after the CSC disapproved Yap’s temporary appointment for lack of proper civil service eligibility and for his failure to show that his application passed through the Personnel Selection Board.

Within the seven months, Yap even wrote Valmores on August 23, 2005 saying he already took the CSEE/Management Aptitude Test Battery on July 17, 2005. On September 22, 2005, Yap submitted to CSC Chairperson Karina Constantino-David a certification that no MCIAA personnel holds the rank of CESO III applicable to the position of general manager.

After receiving the faxed copy of RA 6958 with the alleged insertion, Valmores issued a resolution considering Yap’s motion for reconsideration.

But Aguilar said the faxed copy of RA 6958 received by the CSC is a tampered copy of the law. She said Yap erroneously inserted a section, which earned him a favorable CSC ruling on his appointment as MCIAA general manager.

Yap argued that he was not the one who inserted the phrase nor had he come across the copy of the law that was faxed to CSC.

Yap also argued that the alleged falsified copy of RA 6958 is not a certified original copy of the document, but only a faxed copy of the alleged tampered law and, therefore, he could not have committed the tampering. But because Yap was able to assume as MCIAA general manager, the Ombudsman said he is the only one who has the motive to conduct such tampering.

The Ombudsman also found it puzzling that the faxed copy of RA 6958 had Yap’s signature, which certified that it is a copy of the document with the DOTC records division. The Ombudsman said the presence of Yap’s signature contradicts his statement that he has not come across the document.

The Ombudsman also took into consideration the Memorandum of Director David Cabanag Jr. of CSC Region 7 that Yap is the only one with the nomination from the Office of the President.

Also taken into account was the telephone line that transmitted the altered copy of RA 6958, which was reportedly listed under MCIAA general manager’s office, as testified to Vicente Dionisio Pesayco, head of the Cebu Business Zone of the Philippine Long Distance Company.

The Ombudsman also considered the ruling of David dated May 23, 2006, which said that “the only reason why the initial temporary appointment of Yap as General Manager was approved by virtue of such presidential nomination was because the Commission was misled by the concerned party who submitted a tampered version of RA No. 6958.”

“If a person had in his possession a falsified document and he made use of it (uttered it), taking advantage of it and profiting thereby, the clear presumption is that he is the material author of the falsification,” Aguilar said.

Yap is found guilty of less serious dishonestly and is fined equivalent to six months of salary.

The complaint against Yap was filled by lawyer Rogelo Yaun. A separate complaint was also filed by self-styled whistleblower Crisologo Saavedra. — THE FREEMAN