The National Bureau of Investigation (NBI) has reported finding enough basis to recommend prosecution of officials of the two companies, Fraport AG and Philippine International Air Terminals Co. (PIATCO).
Transportation and Communications Undersecretary Arturo Valdez said the matter was something that the higher officials at the DOTC would have to discuss.
On the other hand, Thompson Lantion, aide to Transportation and Communications Secretary Leandro Mendoza‚ said his boss has already been informed about the NBI findings, and that he is discussing it with top officials of the Department of Trade and Industry.
"We leave it all up to the DOJ and the OSG especially to answer all questions," he said.
Last week, lawyer Efren Meneses, NBI anti-fraud and computer crimes division chief, said they were still awaiting four boxes of documents to find out if the company officials had violated the law.
He will disclose his findings if NBI Director Reynaldo Wycoco fails to sign his report in two weeks, Meneses added.
A lawyer, Jose Bernas had asked the NBI and the DOJ to investigate Fraport’s and PIATCO’s alleged violation of the Anti-Dummy Law.
The law makes it illegal for a Filipino person or company to front for an alien or a foreign firm to make it appear that the Filipino owns or has a majority share in a company, when in fact that foreigner is the proprietor or the majority shareholder in the company.
Last year, the government renegotiated with PIATCO to allow construction of the Ninoy Aquino International Airport Terminal 3 (NAIA-3) to be completed.
Then Trade and Industry Secretary Manuel Roxas II said the government would shoulder the estimated $90 million cost of construction, which would be deducted from any amount of settlement to be decided by the court.
The Cheng and Fraport groups have agreed to negotiate as one party instead of holding separate talks with the government, he added.
PIATCO won the contract to construct and operate NAIA 3, but the contract was later voided by the Supreme Court.
NAIA 3 was mothballed after the government and PIATCO failed to agree on the amount of compensation spent in constructing the terminal. — Rainier Allan Ronda