Ombudsman junks plunder raps vs DOTC chief

Ombudsman Aniano Desierto cleared yesterday Transportation and Communications Secretary Pantaleon Alvarez of the capital charge of plunder for allegedly giving unwarranted benefits to a contractor of the Ninoy Aquino International Airport (NAIA) Terminal III.

Graft investigators said complainant MIA-NAIA Association of Service Operators Inc. (MASO) failed to produce evidence that the government was compromised when Alvarez awarded a P76 million contract to Wintrack.

"To be able to prosecute Alvarez et al for the offenses charged against them, this office must have evidence that can stand on its own merits and not on mere speculations and conjectures," wrote Ombudsman legal counsel Andrew Ammuyutan in a 25-page resolution.

Probers concluded: "After a thorough evaluation of all pleadings and supporting evidence, it appears that Alvarez et al acted within the realm of their respective authorities. A common criminal design among them is wanting."

"This office finds the acts complained of in this case do not constitute a valid cause of action for the prosecution. Hence, complainants’ unsubstantiated accusations will not warrant the prosecution for the crimes charged in this case."

Nevertheless, Desierto said the dismissal was "without prejudice" to the audit of the Commission on Audit which has yet to determine whether Wintrack bloated its measurements in favor of Philippine International Air Terminals Co. Inc. (Piatco).

"This remains to be verified. This audit investigation should preclude any irrational suspicion that his office is not interested in fully uncovering the truth with its disposition of this case," the resolution read.

The NAIA Terminal III was a project entered into by the Department of Transportation and Communications, Manila International Airport Administration and Piatco.

Wintrack, a company where Alvarez and his wife used to own shares, was tasked to do the measurements of the subterranean structures for Piatco. But the Ombudsman said no less than Congress ruled that the Piatco deal was "proper and valid."

The Ombudsman likewise threw out the charges of conflict of interest against Alvarez since he divested his shares in Wintrack a month after he assumed the helm of the DOTC in January 2001.

"Divestment is the legislated mode of precluding conflicts of interest. This charges the complainant with the obligation of demonstrating that the said divestment is an artifice, via evidence that goes beyond mere speculative allegation of continuing beneficial ownership by the Alvarezes over Wintrack," the ruling read.

Aside from Alvarez, others cleared were former DOTC Secretary Vicente Rivera Jr., ex-NAIA general manager Antonio Gana, incumbent NAIA general manager Edgardo Manda, Diosdado Acob, Reynaldo Roa, Llewelyn Villamor, Jose Gabriel Benedicto, Jose Go Jr.

Elpidio Mendoza, Bernd Struck, Cheng Yong, Jeffreson and Jason Cheng, Alfred Johaness Arthur Vogel, Stephan Bauchspiess, Samim Aydin, Hachiman Yokoi, Gil Camacho, Katherine Agnes Arnaldo, Mario Tiongson, Marife Opulencia;

Mary Anthonette Manalo, Ernesto Hernandez, Carlitos and Luisito Clavano, Diosdado Silva, Ronald Clavano, Roger Mercado, Dr. Raoul Hille, Manfred Reimer, Henry Go, Lilia Cheng, Jean Check, Eberhard Mueller and Karl May.