The Office of the Ombudsman junked charges of malversation and grave misconduct filed against Lapid in connection with the P5.025 million donated by Manila Bulletin publisher Emilio Yap for Mt. Pinatubo victims in 1995.
The charges were filed by Angelo Adizas, Lapid’s former supporter who was among the three persons killed in a daytime ambush on the party of former Porac mayor Roy David in Angeles City last June 26.
In a two-page resolution, Ombudsman graft investigation officer Cynthia Vivar said the grave misconduct charge against Lapid was "merely based on hearsay and had not been substantiated by evidence."
In a separate three-page resolution, Vivar also dismissed the malversation case against Lapid, saying that Adizas also failed to produce substantial evidence to bolster his claim that the governor misused the donation which Yap personally handed to Lapid in September 1995.
On the same day the donation was made, Yap also turned over a P4.025-million donation to San Fernando Archbishop Paciano Aniceto.
Vivar noted that Adizas presented only clippings of newspaper articles alleging anomalies in the use of the donated funds, which she said could not be used as basis for prosecution.
In one of the newspaper articles, Lapid’s executive consultant, Fidel Arcenas, was quoted as saying that a full report on the donation’s disbursements was later transmitted to Yap, but that he was uncertain whether a copy of the report was available at the provincial government.
In his complaint, Adizas, claiming to represent lahar victims, alleged that residents of the Pio resettlement in Lapid’s Porac hometown never benefited from the donation.
Lapid’s supporters, however, recalled that after the donation was turned over, the governor launched massive rescue and relief operations after the Gugu dike at the Pasig-Potrero River collapsed and gave way to lahar flows as high as 36 feet that swept Barangay Cabalantian in Bacolor town at dawn of Oct. 1, 1995
Provincial attorney Benalfre Galang, who represented Lapid in the cases filed by Adizas, argued that the governor could not be administratively charged since the alleged anomalies covered Lapid’s first term in office.
Earlier, the Ombudsman had also dismissed another administrative complaint against Lapid on the purchase of a P1.4-million property in San Fernando in 1997, saying that his reelection in 1998 showed that his constituents no longer held him administratively liable in the case.
The Sandiganbayan has yet to resolve the criminal charges against the governor on the alleged land anomaly.
Another criminal case against Lapid on alleged anomalies in the collection of lahar and quarry fees is on appeal with the Supreme Court.
Adizas was killed in the ambush on David’s party one month after he filed the graft complaint against Lapid. David, a former ally-turned-critic of Lapid, survived the attack.
The Rebolusyunaryong Huk-bo ng Bayan, a breakaway group of the New People’s Army, claimed responsibility for the ambush, saying it only targeted David for his alleged "crimes" against the people during his term as Porac mayor.
Lapid initially said he would seek a third term as governor following the Ombudsman’s attempts to suspend him for one year on the lahar quarrying case.
However, he later said he would still decide whether to run for governor or senator amid calls for him to seek a senatorial post.