Manda, along with six other officials, were charged Tuesday by the PAGC over their involvement in the construction of the Ninoy Aquino International Airport Terminal 3 (NAIA 3).
"The transportation secretary and the airport general manager under the Estrada administration should be the first ones to be investigated for the signing of supplements I and II of the Piatco contract. I only signed supplement 3 which I think is aboveboard," Manda said.
In a three-page complaint, the PAGC said there is "sufficient basis to conduct administrative investigation" against the seven officials for granting Piatco the contract to build the modern airport terminal to the disadvantage of the government.
The PAGC noted that Manda, even while acting on behalf of the Philippine government, entered into an onerous deal with Piatco with the Amended and Restated Concession Agreement (ARCA) of the NAIA 3 contract.
Manda stressed everything was done according to procedure. He pointed out there were three supplements signed under ARCA, the first two of which were signed during the administration of former President Joseph Estrada.
Manda admitted he also signed the third supplement but this was done to clarify the first supplement.
"We submitted the third supplement to NEDA (National Economic and Development Authority) to clarify things," Manda said.
"A close look at the Third Supplement would clearly show that this was nearly a clarification of a particular section contained in the First Supplement executed in August 1999," he said.
Manda was referring to Section 5 of the supplement. He said "both Piatco and the government had already agreed that the access tunnel connecting to T2 (Tunnel 2) to T3 is not economically viable and, in lieu of this, both parties agreed that a surface road linking the two terminals shall be undertaken instead."
Manda explained the Third Supplement obligated Piatco to construct the access road with a particular scope and timetable.
As far as the Third Supplement is concerned, there was no obligation imposed on the government, Manda said.
"So how can this be considered disadvantageous to the interests of the Philippine government?" he asked.
Manda explained the Third Supplement signed on June 22, 2001 was submitted to NEDA on July 13, 2001 "for perusal, consideration and approval" in compliance with the BOT law.
"I immediately sent a letter-query dated July 12, 2001 to NEDA to find out whether the First and Second Supplements were likewise submitted," he said.
After learning from NEDA that the First and Second Supplements were not submitted, Manda said he immediately issued a Memorandum to then DOTC Secretary Pantaleon Alvarez.
The DOTC then submitted the First and Second Supplements to NEDA on Aug. 2, 2001, Manda said.
Although he has yet to receive a copy of the graft charges, Manda said he would discuss the issue with President Arroyo and submit his sworn statement with documentary evidences before the PAGC to explain his role on the Piatco deal.
Another official, former DOTC undersecretary for mass railways Willie Trinidad, said the graft charges filed against them was "an old issue."
"The issues in the PAGC case have only been rehashed," he said.
PAGC claimed that Trinidad, together with other members of the Pre-qualification Bids and Awards Committee of the DOTC, "erroneously" approved the prequalification bid of Piacargo Joint Venture, a business firm which later incorporated as Piatco.
Trinidad, for his part, maintained that Piatco indeed passed the pre-qualification bid after establishing their financial capability to construct NAIA 3.
He also belied PAGC’s accusation that they deliberately denied the bid made by Asia’s Emerging Dragon Corp. (AEDC) to match the bid made by Piacargo.
The PAGC said there is "sufficient basis to conduct administrative investigation" against the seven officials for granting Piatco the contract to build the modern airport terminal to the disadvantage of the government.
Aside from Manda and Trinidad, also charged were National Development Corp. (NDC) Ofelia Bulaong ; Herminia Castillo, assistant general manager for finance of Manila International Airport Authority (MIAA); Felipe Medalla, former director-general of NEDA; Bingle Gutierrez, former employee of the Department of Budget and Management (DBM) and now executive director of the Pasig River Rehabilitation Commission (PRRC); and Sylvia Clemente, deputy director of the Coordinating Council of the Philippine Assistance Program (CCPAP).
PAGC Chairman Dario Rama gave the respondents a 10-day period to file their answers to the complaint.