Yap was slapped with two graft charges and a single charge each of malversation and malversation through falsification in his former capacity as Department of Agriculture secretary.
Placing him under preventive suspension would be “premature,” he reasoned, since there is still a question regarding the validity of the charge sheets filed against him. “Any contrary proposition would be entirely premature and would preempt the final rulings on the petitions for certiorari,” he said.
However, the anti-graft court found no merit in his explanation. Once the charge sheets have been found sufficient in form and substance, the court must issue the order of suspension as a matter of course. Section 13 of R.A. 3019 or the Anti-Graft and Corrupt Practices Act makes it mandatory for the Sandiganbayan to suspend any public official against whom a valid Information charging a violation of the said law.
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